After sustained lobbying by the National Center for Transgender Equality and others and after Robina Asti’s public statement (see http://www.grayprideparade.com/2014/01/29/i-was-shocked-i-was-shamed/), the Social Security Administration has finally issued guidance telling staff to automatically assume that most marriages involving transgender people are valid.
Of course, given the mish-mash we currently have with some states refusing to recognize other states’ “same-sex” marriages and some states’ bad decisions concerning the legal gender of transgender people, the guidance is complicated. The guidance now requires Social Security staff to determine where the marriage was performed and if the sex change took place before or after the marriage. If the sex change took place before the marriage and the transgender person currently lives in (or died in) American Samoa, Florida, Idaho, Kansas, Ohio, Oklahoma, Puerto Rico, Tennessee, Texas, or the Virgin Islands, a legal opinion about the validity of the marriage is still required. Otherwise, marriages involving transgender people are to be treated under existing rules for opposite-sex and same-sex marriages, bypassing the current procedure of referring all marriages involving transgender people to legal counsel.
The actual bureaucratic memo is available at https://secure.ssa.gov/apps10/public/reference.nsf/links/03252014040307PM (Trigger warning: in discussing sample cases, the memo uses typical bureaucratizee about applicants “alleging” personal facts.)