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LGBT Elders Facing Unequal Legal Protection and Benefits

Elderly lesbian, gay, bisexual and transgender individuals often do not receive the same legal protection, healthcare benefits or financial security as their heterosexual peers.

Successful aging depends largely on three basic factors: financial security, quality healthcare and support from the community. To make sure that these needs are met for LGBT senior citizens, legislative changes must take place on a national and statewide level. Federal healthcare programs must be amended to give the LGBT community the same benefits awarded to heterosexuals.

Legal Inequalities

Gay marriage is recognized by the United States government only in Washington, D.C., and five states: Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. Until the freedom to marry is granted to every citizen nationwide, regardless of sexual orientation, the unions of same-sex permanent partners need to be legally recognized and acknowledged with regard to powers of attorney, hospital visiting rights, wills and inheritances, and veterans' and employment benefits.

The Federal Defense of Marriage Act, or DOMA, states that marriage can only exist between one man and one woman, and gives any state the right to disregard a same-sex marriage granted in a different state. Repealing DOMA would help ensure equal access to federal health and income benefits for all American citizens.

Healthcare and Financial Benefits

In March, two LGBT advocacy organizations released a joint report titled "Improving the Lives of LGBT Older Adults." The report addresses the biases that exist in federal programs like Social Security, and highlights the negative impact of these biases on the elderly LGBT community.

Social Security is the most frequently used financial program for the nation's elderly. Eighty-nine percent of elderly households receive Social Security benefits, and one-third of single senior citizens rely on Social Security as their only source of income. Without Social Security benefits, the poverty rate among the elderly would rise by 40%. While LGBT citizens pay in to Social Security at the same rate as heterosexuals, they do not receive the same benefits as straight couples do, even when they have formed long term life partnerships.

Healthcare institutions like hospices and nursing homes can be neglectful in recognizing the specific medical and cultural needs of LGBT elders, who are entitled to the same personal care as any other patients. Non-discrimination laws should be enacted for all healthcare institutions, and all caregivers working in these institutions should be properly educated on the specific needs and issues of the LGBT community.

Recognize and Reform Now

The LGBT movement is growing stronger every day. However, issues faced by the elderly LGBT population have not been the focus of the movement. These inequalities are harming our senior citizens, and they have many politicians and social activists calling for reform now.

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