ARE THERE OVER 1000 FEDERAL MARRIAGE BENEFITS?: IMAPP press release

Maggie writes: Remember when all good Americans understood that federal tax and welfare policies created disincentives to marriage? Thought you might be interested in our new policy brief which looks at how the SSM debate may create an unbalanced public perception of federal marriage benefits through a misinterpretation of the 1997 GAO report (originally ordered by Henry Hyde). Press release below, full copy here (PDF).

FOR IMMEDIATE RELEASE

Date: May 26, 2004

Contact: Joshua Baker, info@imapp.org; 202.216.9430

ARE THERE OVER 1000 FEDERAL MARRIAGE BENEFITS? A Re-Analysis of the 1997 GAO Report

Does federal law shower newlyweds with important financial benefits? A report just released by the Institute for Marriage and Public Policy, "1,000 Federal Benefits of Marriage?", calls into question the widespread idea that most couples get many marriage benefits from the U.S. government.

"I wish there were 1,049 marriage benefits under federal law," quipped Maggie Gallagher, president of the Institute for Marriage and Public Policy, "but couples who marry expecting a big wedding present from the federal government are likely to be disappointed."

In 1997, the General Accounting Office (GAO) released a report identifying 1,049 federal statutes which refer to marital status. Earlier this year, that total was revised upward to 1,138. Despite the disclaimer in the original report that "no conclusions can be drawn . . . concerning the effect of [a] law on married people versus single people," this report is now routinely used to assert that there are "1,138 federal rights and privileges [of marriage which are denied] to gay couples," as Richard Lacayo recently put it in Time magazine.

The new analysis of the GAO report concludes the truth is "more complicated":

"Most of these legal provisions are not benefits per se, but ways in which married couples are treated differently than unmarried couples or individuals in federal law. In some cases they are clearly benefits to both spouses; in other cases they are more accurately described as benefits to one spouse and liabilities to the other, or benefits to couples in some cases and burdens to couples in other situations."

In addition, many of these statutory provisions (like benefits to Spanish-American War widows) affect only few if any contemporary individuals or couples.

"Federal law also creates clear marriage penalties for many couples, most often through means-tested eligibility requirements for Medicaid, welfare, and housing assistance which include spousal income, and also in the federal tax code."

Thus, "while marriage is deeply embedded in federal law, whether federal legal provisions provide net economic marriage benefits or marriage penalties is unclear, and would likely vary substantially from couple to couple."

If the GAO report is going to be used to advocate substantial changes in public policy, the study concludes, researchers should make a more serious effort to ascertain whether or not federal law confers a net marriage benefit on same-sex and other couples.

To interview Maggie Gallagher, or to request a copy of the policy brief, please contact Joshua Baker at info@imapp.org, or call (202) 216-9430.
posted by Eve at 2:43 PM VOTE

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