CLEARLAKE OAKS, Calif. – Firefighters made good progress on a wildland fire burning east of Clearlake Oaks on Sunday, closing in on full containment by nightfall.

The Indian Fire was estimated to be 175 acres and 75-percent contained Sunday night, according to Cal Fire.

Officials said the fire started at 12:20 p.m. near the Indian Valley Reservoir.

Cal Fire is in unified command on the incident with the Mendocino National Forest.

The fire started in the state responsibility area, which is in Cal Fire's jurisdiction, before moving into the Mendocino National Forest Grindstone Ranger District, officials said.

The firefighting effort utilized Cal Fire air tankers and helicopters to battle the blaze from the air, along  with handcrews, bulldozers and engines on the ground.

Officials said the cause of the Indian Fire currently is under investigation.

On Sunday evening, the Mendocino National Forest issued an advisory, asking that visitors be careful with fire in the forest, where conditions are indicating an earlier-than-usual start to fire season due to a dry winter and only a few spring showers.

“Typically the earliest the Mendocino has wildland fire activity is mid-June, with a more active fire season from mid-summer to early fall,” said Forest Fire Management Officer Curtis Coots. “This year things are so dry, that we are already seeing an increased risk for wildfires.”

Although the Mendocino National Forest currently is not in fire restrictions, officials are closely monitoring fuel conditions.

At the same time, forest visitors are asked to take extra precautions when using fire on the forest this summer recreation season.

“Whether it’s a gas stove, campfire or ensuring that you aren’t creating a spark, paying attention can help dramatically reduce the risk of human-caused fires on the Forest,” Coots said. “By doing this we can help preserve not only public and firefighter safety, but also the areas of the forest we all enjoy.”

Over the past week, there have already been a handful of smoke checks on the forest, some the result of recent lightning in the area, forest officials said.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

MIDDLETOWN, Calif. – The 12th annual EcoArts: Lake County Sculpture Walk will mark its grant opening and “Arts Happening” on Sunday, June 8.

The event, which takes place from 11 a.m. to 3 p.m., is free and open to the public.

The 2014 theme is “In Dialog with Nature.”

Each year the EcoArts: Lake County Sculpture Walk puts nature and art together for a free-to-the-public, ecology-themed walk-in-the-park displayed at the Middletown Trailside Park off of Highway 175.

It attracts dozens of exhibiting artists and thousands of viewers annually.

Last summer more than 3,000 people enjoyed 20-plus original sculptures along the park trail, in the quiet of the pristine woodlands and meadows, and the fresh air rated as being the nation’s cleanest in 2013.

Right now artists are preparing and installing work for this year’s exhibit. Twenty-eight wildly different creations by award-winning artists, community groups and schools will extol, enhance and utilize the park’s oak-forested trailsides to provoke a deeper appreciation of nature’s fragility, resiliency, beauty and magic.

Visitors may encounter strange hobbit holes and mossy habitats peeking through the leaves in a grotto, while around the next turn fish rendered from discarded plastic bottles choke in a dried-up creek bed.  

Elsewhere you might discover giant balls comprised of dead twigs that look like mutated porcupines rolling across a dry field, a rusted kid’s bike poking out of hardened mud, or wind-chimes from natural materials hanging from branches and blending wind and sound in a combination that creates both art and music at the same time.

Most sculptures are too sublime to be described in words, but all add up to a profound experience.

The EcoArts: Lake County Sculpture Walk is organized by volunteer artists and art appreciators, and lasts all summer until Oct. 13.

EcoArts' organizers and artists hope the community will join them at the grand opening to stroll the trail and meet the artists, enjoy poetry readings by local poets including Lake County Poet Laureates past and present.

There also will be music and dance performances featuring Shawn SanNicolas of Sound Barn Studio, Sheamus Kennedy and Friends, the children of Lake County International Charter School, the Lake County School of Performing Arts and A Silk Road Groove and the W’Nac’di Drum Circle.

Other offerings will include an art-making tent, and crafts and snack vendors.

Bring water and wear comfortable shoes. Parking is plentiful and picnic tables are available.

For more information please contact This email address is being protected from spambots. You need JavaScript enabled to view it. or call 707-809-5398.

Find EcoArts on Facebook or visit www.EcoArtsofLakeCounty.org .

LAKE COUNTY, Calif. – Three female cats are waiting for adoption this week at Lake County Animal Care and Control.

They range in age between 2 and 5 years, come in tabby or tortie coloring, and all have been spayed.

In addition to spaying or neutering, cats that are adopted from Lake County Animal Care and Control are microchipped before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.

If you're looking for a new companion, visit the shelter. There are many great pets there, hoping you'll choose them.

In addition to the animals featured here, all adoptable animals in Lake County can be seen here: http://bit.ly/Z6xHMb .

The following cats at the Lake County Animal Care and Control shelter have been cleared for adoption (other cats pictured on the animal control Web site that are not listed here are still “on hold”).

Female brown tabby

This female brown tabby is 3 years old.

She has a curly coat and green eyes, weighs 8 pounds and has been spayed.

She's in cat room kennel 18, ID No. 39711.

Domestic long hair mix

This domestic long hair mix is 2 years old.

She has dilute tortie markings, weighs nearly 11 pounds and has been spayed.

She's in cat room kennel No. 56, ID No. 39764.

Domestic medium hair mix

This female domestic medium hair mix cat is 5 years old.

She has a gray coat and has been spayed.

She's in cat room kennel No. 62, ID No. 39667.

Adoptable cats also can be seen at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Cats_and_Kittens.htm or at www.petfinder.com .

Please note: Cats listed at the shelter's Web page that are said to be “on hold” are not yet cleared for adoption.

To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .

Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.

Office hours are Monday through Friday, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.m. to 3 p.m.

Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .

For more information call Lake County Animal Care and Control at 707-263-0278.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

CLEARLAKE OAKS, Calif. – Local, state and federal firefighters are on the scene of a wildland fire burning east of Clearlake Oaks.

The Indian Fire was reported early Sunday afternoon and is located halfway between Indian Valley Reservoir and the old Bartlett Springs resort above Lucerne, according to Northshore Fire Deputy Chief Pat Brown.

Northshore Fire units responded to the fire, but Brown said all local units – with the exception of Chief Jay Beristianos – were released.

He said Cal Fire and the Mendocino National Forest were taking unified command of the incident, which was reported to have burned into Forest Service boundaries.

The state and federal agencies took command of the incident shortly before 2:30 p.m., radio reports indicated.

As of shortly after 3:30 p.m., the fire was estimated to be about 150 acres, with 20 percent containment, according to radio and Cal Fire reports. No structures are reported to be threatened.

Shortly after 5:15 p.m., the fire was at 180 acres with 25-percent containment, Cal Fire reported.

Cal Fire tankers are being used to drop retardant on the fire, which is located in terrain where hand crews are needing to be used. Copter 104 also has been dropping water on hot spots, scanner reports indicated.

Radio reports also stated that firefighters have spotted several marijuana grows in the fire area.

Brown said Cal Fire is handling the investigation into the source of the fire.

Additional information will be posted as it becomes available.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

This story has been updated with additional and corrected information.

HIDDEN VALLEY LAKE, Calif. – Two people were injured in a golf cart crash in Hidden Valley Lake on Saturday night, with one of the victims flown out to a regional trauma center for treatment.

The crash was first reported just after 8:45 p.m. on Powder Horn Road, according to radio reports.

Cal Fire Battalion Chief Greg Bertelli said Cal Fire and South Lake County Fire units responded to the scene.

He said the golf cart rolled over as it was descending a hill.

He said a male subject with head, back and neck pain, and substantial pain in his pelvis was flown by REACH 6 air ambulance to Santa Rosa Memorial Hospital.

Radio reports indicated the helicopter set down in the area of Highway 29 and Spruce Grove Road Extension.

The other person injured in the crash was transported by ground ambulance to St. Helena Hospital Clear Lake. Bertelli did not have additional details about that person, including gender and extent of injuries.

On Sunday, Lake County News was contacted by Hidden Valley Lake resident Nick Jackson who said his 16- and 13-year-old sons had been the ones in the cart.

His older son, John, was flown to Santa Rosa and has a broken collarbone from being ejected. The younger son, Angelo, received staples in his head due to an injury from being dragged inside the cart.

Jackson said the boys were coming down a hill and the brakes locked on them, causing the golf cart to turn on its side and it slid down a few feet.

He said Sunday afternoon that both boys were home.

It was the third air ambulance transfer out of county in the past two days resulting from a vehicle wreck.

On Friday shortly after 5:30 p.m., a car crashed into a tree on Highland Springs Road near Lakeport.

Radio reports indicated that two people were transported to a local hospital by ground ambulance, while a third was taken by CalStar 4 to Santa Rosa Memorial Hospital. The California Highway Patrol has so far not issued a report on the wreck.

Then, just before 6 p.m. Friday, a man was injured when he crashed his motorcycle at Third and Church streets in Kelseyville, as Lake County News has reported.

The CHP said the man, a Kelseyville resident whose name has not yet been released, suffered major injuries and was flown to Santa Rosa Memorial Hospital.

Correction: The original report stated that the male subject who was injured was 60 years old. However, the father of the two subjects involved said his son was 16.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – Boggs Lake is an unusual example of an upland vernal pool that occurs on volcanic substrate and may be the largest vernal pool in California. It provides an environment for many unique plant species.  

Vernal pools are temporary pools of water that provide habitat for distinctive plants and animals, and most are typically much smaller in size than Boggs Lake.  

As is typical of vernal pools, Boggs Lake is not fed by streams or springs, but rather acts as a catch basin for rainfall during the wet season, then gradually dries through the summer.

The natural community supports unique plant species adapted to this environment and provides habitat for a variety of waterfowl and marsh birds as well as a population of Western pond turtles.  

Access to the Preserve is from Harrington Flat Road off of Bottle Rock Road near Mount Hannah.

In 2011, the Lake County Land Trust entered into a two year agreement to co-manage the Boggs Lake Preserve with The Nature Conservancy.  

The Preserve is about 200 acres in size and the first 101 acres was acquired by TNC in 1973 from the Fibreboard Corp.

Acquisition of the Preserve was one of The Nature Conservancy’s earliest projects in California and resulted from concerns raised by the California Native Plant Society and botanists from UC California over proposed development adjacent to the Lake.

The Lake County Land Trust got involved in 2008, by inquiring if The Nature Conservancy would consider having the Land Trust take over as managers of the preserve.  

We believed, due to our proximity to the preserve and connections to the local community, that the Land Trust could detect and respond to issues of concern in a more timely fashion than The Nature Conservancy.  

After a few years of conversation, The Nature Conservancy agreed to a two-year trial period where it would provide some operational funding and the Lake County Land Trust would commit to accomplishing a number of management tasks including fund raising, community outreach, infrastructure upgrades, updating brochures, fence repairs, trail maintenance, etc.  

During the two-year trial period we formed a Boggs Lake Committee comprised of local neighbors and Boards who met to determine goals over the trial period.  

In August 2013, the trial period ended. The Land Trust now continues to manage the preserve, most recently with funding support from the local Cobb Geothermal Mitigation program, and is are discussing with The Nature Conservancy details behind a transfer of ownership to the Lake County Land Trust.

Jon Ambrose is president of the Lake County Land Trust, which is celebrating its 20th anniversary this year. For more information about the Land Trust, or to become a member, please go to www.lakecountylandtrust.org or call 707-262-0707.

LAKE COUNTY, Calif. – With summer around the corner, Lake County Animal Care and Control has available for adoption a number of canines ready to go with you on your summertime trips.

They are offering big boxers and labs or little dogs like Chihuahuas and terriers in a variety of ages.

Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.

If you're looking for a new companion, visit the shelter. There are many great pets hoping you'll choose them.

In addition to the animals featured here, all adoptable animals in Lake County can be seen here: http://bit.ly/Z6xHMb .

The following dogs at the Lake County Animal Care and Control shelter have been cleared for adoption (additional dogs on the animal control Web site not listed are still “on hold”).

Male Chihuahua mix

This male Chihuahua mix is 2 years old.

He has a short coat and brown eyes, weighs nearly 8 pounds and has been neutered. He loves to snuggle and be a lap dog.

Find him in kennel No. 2, ID No. 39500.

'Chocolate'

“Chocolate” is a 1-year-old beagle-fox terrier mix.

He has a short brown and white spotted coat, weighs 31 pounds and has been neutered.

He's in kennel No. 3, ID No. 39610.

Terrier mix puppy

This male terrier mix is 15 weeks old.

He has a curly black coat, floppy ears and brown eyes, and has been neutered.

Find him in kennel No. 7, ID No. 39692.

'Baxter'

“Baxter” is a 4-year-old male boxer mix.

He has a brown and white coat, weighs 92 pounds and has not been neutered.

He's in kennel No. 8, ID No. 39794.

'Gringo'

“Gringo” is a 4-year-old male boxer mix.

He has a white coat, weighs 75 pounds and has not been neutered.

Find him in kennel No. 8, ID No. 39795.

'Cricket'

“Cricket” is a 4-year-old female Labrador Retriever-shepherd mix.

She has a short black and white coat, weighs 55 pounds and has been spayed.

She's in kennel No. 9, ID No. 39720.

Hound mix

This male hound mix is 4 years old.

He has a short tricolor coat, weighs 72 pounds and has been neutered.

Shelter staff said he is very mellow with great manners, and would make a great family pet with no cats.

He is heartworm positive but this is treatable; please contact the shelter with any questions.

He's in kennel No. 10, ID No. 39789.

Hound-Shar Pei mix

This male hound-Shar Pei mix puppy is 16 weeks old.

He has a short chocolate-colored coat and has been neutered.

Find him in kennel No. 13, ID No. 39407.

Female Labrador Retriever mix

Looking for a loyal companion who will always be by your side?

Check out this 13-year-old female Labrador Retriever mix.

She has a medium-length black coat and has been spayed.

Shelter staff say she is perfect for any home, has no food aggression, gets along great with other dogs – male or female – as well as cats. Plus, she loves baths.

Find her in kennel No. 14, ID No. 39781.

To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .

Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.

Office hours are Monday through Friday, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.m. to 3 p.m.

Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .

For more information call Lake County Animal Care and Control at 707-263-0278.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

Every 10 days, the NASA/French Space Agency Jason-2 satellite maps all the world's oceans, monitoring changes in sea surface height, a measure of heat in the upper layers of the water.

Because our planet is more than 70 percent ocean, this information is crucial to global forecasts of weather and climate.

Lately, Jason-2 has seen something brewing in the Pacific – and it looks a lot like 1997.

“A pattern of sea surface heights and temperatures has formed that reminds me of the way the Pacific looked in the spring of 1997,” said Bill Patzert, a climatologist at NASA's Jet Propulsion Laboratory. “That turned out to be the precursor of a big El Niño.”

“We can't yet say for sure that an El Niño will develop in 2014, or how big it might be,” cautioned Mike McPhaden of NOAA's Pacific Environmental Research Laboratories in Seattle, “but the Jason-2 data support the El Niño Watch issued last month by NOAA.”

What Jason-2 has been seeing is a series of “Kelvin waves”—massive ripples in sea level that travel across the Pacific from Australia to South America. Forecasters are paying close attention because these waves could be a herald of El Niño.

The two phenomena, Kelvin waves and El Niño, are linked by wind. Pacific trade winds blow from east to west, pushing sun-warmed surface waters toward Indonesia.

As a result, the sea level near Indonesia is normally 45 cm higher than it is near Ecuador. Researchers call that area the “warm pool” – it is the largest reservoir of warm water on our planet.

Sometimes, however, trade winds falter for a few days or weeks, and some of that excess sea level ripples back toward the Americas. “That's a Kelvin wave,” says McPhaden. “It's not unusual to see a couple every winter.”

El Niño happens when trade winds falter not just for days, but for many months. Then Kelvin waves cross the Pacific like a caravan, raising sea level and leaving warmer equatorial waters in their wake.

“The El Niño of 1997/98 was a textbook example,” recalled Patzert. “At that time we were getting data from TOPEX/Poseidon, a predecessor of Jason-2. Sea surface maps showed a whitish bump, indicating a sea level some 10 centimeters higher than usual, moving along the equator from Australia to South America.”

“The same pattern is repeating in 2014,” said McPhaden. “A series of Kelvin waves generated by localized west wind bursts in the western Pacific that began in mid-January 2014 are headed east. Excitement is building as a third weakening of the Pacific trade winds happened in mid-April.”

Ocean and atmospheric scientists at NOAA and NASA are carefully monitoring the Pacific trade winds. The tipping point for declaring a significant El Niño will be an even longer lasting, larger collapse in Pacific trade winds, possibly signaling a shift in weather all around our planet.

“It will become much clearer over the next two to three months whether these recent developments are the forerunner of a major El Niño – or any El Niño at all,” said McPhaden.

“Jason-2 is a marvelous Kelvin wave counter,” adds Patzert, “and it will tell the tale.”

Dr. Tony Phillips works for the National Aeronautics and Space Administration.

LAKEPORT, Calif. – A community member came to the assistance of a Lakeport Police officer on Friday, helping take into custody a Lucerne man who fought the officer during an arrest.

Joseph Dexter Taylor, 40, was arrested following the Friday afternoon incident, according to Lakeport Police Chief Brad Rasmussen.

Rasmussen said county resident Mauro Lopez Jr., 38, assisted Lakeport Police Officer Joe Eastham in subduing Taylor after Taylor began fighting Eastham.

“Although we strongly discourage and recommend against citizens from attempting to assist in these types of situations for their own safety and protection, we do appreciate, thank and commend Mr. Lopez for his actions in helping to take Taylor into custody quickly and safely without injury to himself or Officer Eastham,” Rasmussen said in a Saturday afternoon report.

At approximately 4:50 p.m. Friday Eastham was dispatched to the area of N. Main and Third streets to investigate the report of a male acting erratically and obstructing traffic while out in the roadway stripping his clothing and redressing, Rasmussen said.

Rasmussen said Eastham responded and located the subject – later identified as Taylor – who was displaying numerous signs and symptoms of being under the influence of a controlled substance.

Taylor became uncooperative and walked away from Eastham, who Rasmussen said had determined that Taylor needed to be detained in handcuffs.  

Eastham gave Taylor numerous commands to place his hands behind his back, Rasmussen said. Only after being ordered at Taser-point did Taylor partially comply by placing his right hand behind his back while at the same time placing his left hand behind his head.  

Rasmussen said Eastham was able to place one handcuff on Taylor’s left hand. However, as Eastham attempted to apply the second handcuff to Taylor's right hand, Taylor began resisting in an effort to prevent the application of the second handcuff and also made a death threat to Eastham.

Eastham gave Taylor further orders to comply and advised him that further force would be used if he did not. Rasmussen said Eastham placed Taylor against the wall of a nearby building in an effort to control his movements and prevent him from escaping.  

Taylor attempted to turn into Eastham and place a headlock on him, but Rasmussen said Eastham was able to back away to a safe distance and immediately prepared to fire his Taser at Taylor.  

At the same instant, Lopez – who had been driving past and witnessed the incident – took Taylor by surprise, tackling him from behind and taking him to the ground in a prone position while Eastham completed handcuffing Taylor, Rasmussen said.  

Rasmussen said backup law enforcement units arrived and assisted with securing Taylor in the patrol unit. During transport to the Lake County Jail, Taylor again made a threat of violence to Officer Eastham.

Taylor was booked into the jail on felony charges of resisting an executive officer by means of threat or violence, and misdemeanor charges of resisting and obstructing a peace officer and being under the influence of a controlled substance, Rasmussen said.

Taylor is a convicted felon with a history of violence and resisting law enforcement by violence, according to Rasmussen.

Rasmussen said Taylor’s record includes numerous prior arrests for obstructing a peace officer and resisting an executive officer by threat or violence, exhibiting a firearm to resist arrest, several priors for threatening to commit crimes with intent to terrorize, burglary, elder abuse, assault, vehicle theft, several drug related priors including possession of controlled substance paraphernalia, possession of a controlled substance, being under the influence of a controlled substance and numerous parole and probation violations.

KELSEYVILLE, Calif. – A Kelseyville man was flown to a trauma center on Friday following a motorcycle wreck.

The 33-year-old man, whose name was not released, suffered major injuries, according to an early Saturday morning report from the California Highway Patrol's Clear Lake Area office.

At approximately 5:49 p.m. the man was riding a 2009 Harley Davidson from westbound Third Street to southbound Church Street in Kelseyville when he lost control of the motorcycle and was ejected onto the roadway, the CHP said.

Initial reports from the scene said he was found unconscious in the road.

REACH 6 air ambulance was dispatched and landed at Kelseyville High School, where it picked up the man and transported him to Santa Rosa Memorial Hospital, according to the CHP.

Alcohol and speed appear to be factors in the crash, which the CHP said remains under investigation.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

LAKE COUNTY, Calif. – Habitat for Humanity Lake County is seeking to help local vets through its Veterans Home Repair Program.

In January, Habitat for Humanity Lake County received a $150,000 Home Depot Foundation grant to support its efforts to help veterans make needed repairs and, for those with mobility issues, make their homes more accessible, as Lake County News has reported.

Habitat for Humanity Lake County President Richard Birk said those funds were to be used for major repairs for a total of 10 homes.

Some of the major repair projects to date include installing wheelchair ramps, widening hallways and repairing decks.

Local Habitat for Humanity staff have a contractor's license and so do much of the work themselves, while contracting out with local providers for roofing and complex electrical work.

There are limited spaces still available in the program; however, Habitat officials said time is running out and so encourages those interested to make application to the program soon.

To qualify for the Veterans Home Repair Program, applicants should be military veterans, on limited income, who own their own homes and are in need of health, safety or accessibility/mobility-related repairs.

To find out more, visit the Habitat for Humanity office at 16285 A Main St. in Lower Lake, or call 707-994-1100 to request an application and qualification information.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

U.S. Rep. Mike Thompson (CA-5) joined 127 of his colleagues in the U.S. House of Representatives this week in calling on the Social Security Administration to extend Social Security marriage benefits to all same-sex spouses joined in civil unions, registered domestic partnerships, or marriages in states that do not recognize marriage equality.

The Social Security Administration is currently withholding benefits from same-sex couples in civil unions and registered domestic partnerships, as well as married same-sex couples living in states that do not recognize same-sex marriages.

“No matter where a same-sex couple lives or what their union may be called, they are entitled to the same benefits as any married couple,” said Thompson. “The Supreme Court was absolutely right to strike down the unconstitutional Defense of Marriage Act that denied federal benefits to same-sex couples. Now we must continue working to make sure the rights and benefits of marriage are guaranteed for all American spouses.”

In 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA), which defined marriage as a union between one man and one woman, was unconstitutional under the Due Process Clause of the Fifth Amendment.

However, the Windsor decision provided little guidance as to the status of legally married couples who live in states that do not recognize same-sex marriages.

As a result, the Social Security Administration has put on hold survivor benefit applications from same-sex spouses who live in states that do not recognize gay marriage.

The full text of the letter signed by Thompson is below.

May 22, 2014

The Honorable Carolyn W. Colvin
Acting Commissioner
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Dear Ms. Colvin:

We write to urge the Social Security Administration (SSA) to take all necessary steps to end the unconstitutional discrimination currently preventing many same-sex couples from obtaining the Social Security spousal benefits they have earned.

In United States v. Windsor, the Supreme Court ruled Section 3 of the Defense of Marriage Act – defining marriage as a union between one man and one woman – unconstitutional under the Due Process Clause of the Fifth Amendment. Following the ruling, the SSA released a statement encouraging individuals in same-sex marriages and other legal same-sex relationships to apply for benefits.

While we appreciate that SSA is approving claims for couples and surviving spouses residing in states, at the time of application, that recognize marriage for same-sex couples, this approach leaves out many who have worked to earn benefits for their spouses and families. Same-sex couples in civil unions and registered domestic partnerships, as well as married same-sex couples living in states that do not recognize same-sex marriages, have their applications held, effectively denying them the spouse-based Social Security benefits they have earned.

This discrimination is simply unacceptable. Although Social Security benefits are modest – for example, the average survivor’s benefit is just $1,221 per month – nearly two-thirds of elderly beneficiaries rely on Social Security for the majority of their income. For more than one-third of elderly beneficiaries, Social Security provides at least 90 percent of their income. This income is especially important for same-sex couples. According to the Williams Institute at UCLA, lesbians who are 65 or older are twice as likely to be poor as heterosexual married couples. The same report indicates that gay male couples over 65 also have higher poverty rates than their heterosexual counterparts.

Furthermore, it is also important to note that the harm from this discriminatory policy extends beyond the same-sex couples who are denied the benefits they have earned. For example, for married same-sex couples currently living in states that recognize marriage equality, their fundamental freedom to choose to live anywhere in the United States – to accept a promotion or to be near family – is unfairly restricted by the threat of denied benefits.  Should they change their residence before applying for benefits, they risk losing the Social Security protections they have earned.

SSA is required to base determinations for spouse-based benefits on how “the courts of the State” where the applicant resides would assess spousal status. However, SSA also recognizes spousal status if the applicant is “deemed” a spouse by SSA in circumstances where the applicant “would, under the laws applied by such courts in determining the devolution of intestate personal property, have the same status with respect to the taking of such property as a wife, husband, widow or widower of such insured individual.” As extensive case law has demonstrated, states have frequently recognized particular attributes of marital relationships, such as the right to inherit property, even when the union is explicitly prohibited by state law.

Additionally, United States v. Windsor confirmed that equal protection principles compel the federal government to respect the valid marriages of same-sex couples. In light of this ruling, SSA has the responsibility to rely on its own assessment of how to properly uphold the constitutional rights of those married to someone of the same sex. Numerous federal district courts have ruled that a state’s refusal to respect validly certified out-of-state marriages of same-sex couples is in violation of the equal protection principles upheld in United States v. Windsor.

Based upon our examination of Social Security statutes and court precedent, we believe it is clear that same-sex couples joined in marriage, civil unions and registered domestic partnerships should be deemed eligible for spouse-based benefits, regardless of where they live. While it is disappointing that it is only due to the failure of Congress to act upon the Respect for Marriage Act that these extraordinary efforts are necessary, we urge SSA to take all steps within its authority to end discrimination regarding the approval of spouse-based benefits.

We appreciate the extensive and ongoing effort that you and your agency have undertaken to reduce discrimination against same-sex couples, and we thank you for your consideration and your attention to this important issue.