Administrative Notice 05-21 – Same Sex Marriage and Civil Unions; Effect on Food Stamps (May 10, 2005)

Though not currently applicable to California (though possibly soon, given the ruling in Lockyer v. City and County of San Francisco finding the ban on same sex marriages unconstitutional), of interest. The Office of General Counsel has concluded that the Defense of Marriage Act, in combination of the Supremacy Clause, dictates that Food Stamps not treat same sex marriages/civil unions as “spouses” for purposes of mandating the persons be treated as one Food Stamps Household.