More employees in same-sex marriages will be able to take leave under the federal Family and Medical Leave Act (FMLA) as a result of a new rule taking effect March 27. And while employers in states that recognize same-sex marriage already have been operating under a definition of spouse that includes legally married same-sex partners, […]
The issue of how employers should handle same-sex marriage got a bit murkier November 6 as a divided appeals court panel broke with rulings from four other U.S. circuit courts of appeals by upholding state bans on same-sex marriage. A three-judge panel from the 6th U.S. Circuit Court of Appeals issued the 2-1 decision, which […]
by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]
What recent changes have happened with same-sex marriage laws, and how do these affect employers and their obligations to employees under employment laws like FMLA/CFRA?
Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.
With the DOMA ban on same-sex marriage being ruled unconstitutional, what does this mean for healthcare benefits—will a same-sex marriage be recognized in the same way as other marriages, thus allowing the same-sex partner to receive spousal healthcare benefits paid for at the pre-tax rate? This is just one of the many questions employers are […]
With the DOMA ruling so recent in our minds, employers have more unanswered employee benefits questions than ever before. Is it now illegal to tax healthcare benefits for a same-sex spouse? How should multi-state employers react if the final ruling comes down that only same-sex couples who reside in a state that recognizes same-sex marriages […]
When the Supreme Court ruled that Section 3 of DOMA is unconstitutional, it opened up the possibility for married same-sex couples to be extended federal benefits on many levels, including things like FMLA leave. While the details have yet to be sorted, employers are gearing up for the many changes that will surely result. In […]
by Scott Evans On June 26, the U.S. Supreme Court issued a pair of decisions favorable to the gay rights movement. In United States v. Windsor, the Court ruled that same-sex married couples are entitled to federal benefits, and by declining to decide a California case, the Court effectively allowed same-sex marriage in the state. […]
DOMA refers to the Defense of Marriage Act, which basically created a situation in which same-sex marriages were not recognized for any federal purpose. It all came about as a result of a 1993 ruling by the Supreme Court of Hawaii, which said that the state must show a compelling interest in prohibiting same-sex marriage. […]