Same-sex couples who got married in Arkansas in 2014 are in limbo with the Social Security Administration.
The federal agency recognizes same-sex marriages that took place after the U.S. Supreme Court declared them legal on June 26.
But more than 600 Arkansas couples got marriage licenses in May 2014 during a week-long period that followed a judge's ruling that temporarily blocked Arkansas' bans on same-sex marriage.
Lee Alviar, a spokesman for the Social Security Administration's regional office in Dallas, said officials were "still waiting on further instructions from the Department of Justice" concerning the same-sex marriages in Arkansas last year.
"In the meantime, if you're a spouse, divorced spouse or surviving spouse of a same-sex marriage or nonmarital legal same-sex relationship, we encourage you to apply right away for benefits," Alviar said. "Applying now will preserve your filing date, which will protect you against the loss of any potential benefits."
Alviar said other states were in the same situation, but she didn't have an exact number on Tuesday. At the time of the June 26 Supreme Court ruling in Obergefell v. Hodges, 13 states still had laws banning same-sex marriage.
U.S. Attorney General Loretta Lynch announced Thursday that federal marriage benefits would be available to same-sex couples nationwide after the Supreme Court ruling. But she didn't specifically address the issue of same-sex couples who got married before June 26.
"Following the Supreme Court's historic decision in Obergefell that every couple has the same right to participate in the institution of marriage, whether the partners are of the same sex or opposite sexes, I directed Justice Department staff to work with the agencies to ensure that the ruling be given full effect across the federal government," Lynch said.
Most federal marriage benefits were already available to same-sex couples after a 2013 Supreme Court ruling that struck down the federal ban on gay marriage. But some Social Security benefits for spouses, such as "widow's benefits," were still denied to same-sex couples who lived in states that didn't recognize their marriages.
Sherri Elder Johnson of Little Rock said the wait for Social Security recognition has been doubly frustrating for her and her wife, Raemona Humphries, who got married May 13, 2014, in Little Rock.
They want to change their last names to Elder, which is Johnson's maiden name. Not only is the Social Security Administration not recognizing the Arkansas "window marriages" from last year, but it has no record of Johnson ever being named Elder.
"Why would she want my ex-husband's last name?" Johnson said, referring to her wife. "I don't want it either."
Johnson said she needs to change her name on her Social Security card to facilitate getting her named changed elsewhere, including at work and on her driver's license.
Also, Johnson said she's worried that couples won't qualify for Social Security spousal benefits while they're in limbo waiting for a decision from the Justice Department.
Johnson said she could hire a lawyer and go to court to get their names changed, but there are additional costs if she does it that way.
Jennifer Lochridge of Conway said she's been trying for more than a year to get the Social Security Administration to change her last name to Lochridge-Loyd. She married Monica Loyd on May 12, 2014, in Little Rock.
"Social Security is not changing a thing," Lochridge said. "When we call, we get the run around."
Lochridge said the couple is trying to get guardianship custody of their great-nephew.
"It would be nice to have the same last name," she said.
Attorney Cheryl Maples of Searcy said she finds it "bizarre" that the federal agency is still waiting on word from the Justice Department.
"They're supposed to be getting it straightened out," she said.
Maples filed a lawsuit Monday against the Arkansas Department of Health because officials have refused to list both parents in same-sex marriages on their children's birth certificates.
Maples was the originator of the lawsuit that overturned Arkansas' ban on gay marriage. Lochridge and Loyd were plaintiffs in that case.
Pulaski County Circuit Judge Chris Piazza ruled May 9, 2014, that Arkansas' ban on same-sex marriages violated the state and federal constitutions. Over the next few days, clerks in Pulaski, Washington, Carroll, Saline and Marion counties issued marriage licenses to same-sex couples.
After the state filed an appeal, the Arkansas Supreme Court suspended Piazza's ruling on May 16, 2014, and halted clerks from continuing to issue licenses to gay couples.
The Arkansas Supreme Court dismissed that appeal June 26, saying the U.S. Supreme Court decision that morning made the appeal moot.
The parties had been waiting for the Arkansas court's decision since November, when oral arguments were made.
Maples noted that Pulaski County Circuit Judge Wendell Griffen ruled on June 9 that Arkansas marriage licenses issued to gay couples last year are just as valid as those issued to their heterosexual counterparts.
Metro on 07/15/2015