A and B were happily married in the 60’s in a state that had an anti-miscegenation statute (a law prohibiting interracial marriage). Though it is hard to imagine these kinds of laws existed, it is nevertheless a historical fact.

At any rate, after A and B both reached retirement age, the question arose as to whether B (wife) was entitled to wife’s social security benefits.

The answer, despite the anti-miscegenation law which purported to declare their marriage null and void, was: of course she was.

The U.S. Supreme Court case of Loving v. Virginia, 388 U.S. 1, unequivocally declared anti-miscegenation laws unconstitutional as violating the due process and equal protection clauses of the Fourteenth Amendment.

See Social Security Ruling (SSR) 67-56.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted