Should References to "Husbands" and "Wives" be Changed to “Spouses” In Federal Law? (H.R. 98)

What is H.R. 98?

(Updated August 12, 2021)

This bill would change all references to “wife” or “husband” in the Internal Revenue Code, the Social Security Act, and other federal laws concerning spousal benefits to “spouse.” All references to “husband and wife” would be replaced with “married couple.” It would eliminate a definition of “spouse” that only refers to a person of the opposite sex.

Other federal laws that would be amended by this legislation include those related to family medical leave, disability and death benefits for the spouse of a miner, tax law related to divorces, and spousal insurance benefits. Additionally, a law imposing criminal penalties on someone who threatens a president’s spouse would be amended.

Argument in favor

Federal law should be gender neutral, and as a result a lot of bills with outdated references to “husbands” and “wives” need to be changed to “spouse” so that same-sex couples aren’t denied rights.

Argument opposed

It’s unlikely that anyone would be denied a right as a spouse under current law just because it references “husbands” and “wives,” and if they were courts would overturn it.

Impact

Spouses; courts; and federal agencies.

Cost of H.R. 98

A CBO cost estimate is unavailable.

Additional Info

In-Depth: When she cosponsored this legislation during the 114th Congress, sponsoring Rep. Julie Brownley (D-CA) offered the following statement:

“As a strong supporter of equal rights, I support [this] bill because it will help ensure the Constitution’s promise of equality for all Americans. Discrimination has no place in our laws.”

Media:

• The Hill (Previous Version)
  
• Ventura County Star (Previous Version)