Employers and plan administrators hoping clarity will soon dispel the confusing tangle of divergent laws governing same-sex marriage and how they must address it in their benefit plans and HR policies have longer to wait. The 1st U.S. Circuit Court of Appeals on May 31 issued a ruling in Commonwealth of Massachusetts v. U.S. Department of Health and Human Services (No. 10-2204, May 31, 2012) that the federal Defense of Marriage Act is unconstitutional, but the matter is far from settled.
The First Circuit ruling is only the latest in which a court has held that the federal DOMA violates the federal Constitution. But so far, the rulings have not been broad and have not had wide application that invalidates other measures that prohibit same-sex marriage.
The May 31 ruling is no exception. It says that the federal DOMA is unconstitutional, but it also endorsed federalism and recognized individual states’ right to decide for themselves whether to allow same-sex marriage under their laws. That stance guarantees that the patchwork of different approaches states currently take will continue, which spells continued uncertainty and complexity for employers — especially employers that are located near the boundary between states that take differing approaches.
The ruling is available at http://www.ca1.uscourts.gov/pdf.opinions/10-2204P-01A.pdf.