While the Defense of Marriage Act bans federal employees from receiving benefits for same-sex partners, employees in the Department of Justice can now receive benefits for their children.

According to 365 Gay, a legal opinion sought by the acting general counsel of the Social Security Administration said: “Although DOMA limits the definition of “marriage” and “spouse” for purposes of federal law, the Social Security Act does not condition eligibility for [benefits] on the existence of a marriage or on the federal rights of a spouse in the circumstances of this case; rather, eligibility turns upon the State’s recognition of a parent-child relationship, and specifically, the right to inherit as a child under state law.”

365 reports:

The request for a legal opinion involved the child of a lesbian couple, identified only as Karen and Monique who had a civil union in Vermont.

In 2005 Monique gave birth to a son. The child’s birth certificate listed Karen as “second parent”.

That same year Karen began receiving Social Security disability benefits and she filed a claim for additional benefits on behalf of her son.

Under Social Security the minor children of adults who receive disability benefits can also claim benefits.

The legal opinion does not say why Social Security asked the Justice Department for a determination in the case, but it appears the Social Security Administration was conflicted as to whether it was barred from providing benefits to the child under federal DOMA.

“A child’s inheritance rights under state law may be independent of the existence of a marriage or spousal relationship, and that is indeed the case in Vermont. Accordingly, we conclude that nothing in DOMA would prevent the non-biological child of a partner in a Vermont civil union from receiving CIB under the Social Security Act,” the opinion prepared by Steven Engel, deputy assistant attorney general for the Justice Department’s Office of Legal Counsel said.