Voters in Washington state and Maryland will weigh in on whether same-sex marriage should be legal in their states. Employers in these states — as well as those in adjacent states where same-sex marriage is not legal — would be wise to monitor developments and use the upcoming months to prepare for any possible changes they may need to make to their policies, benefit plans and plan documents.
Maine is the most recent addition to the list. On June 14, Maine Secretary of State Charles E. Summers announced that the November ballot will include a question regarding whether same-sex marriage should be legal in Maine.
The ballot question itself is controversial. It simply asks, “Do you want to allow same-sex couples to marry?.” The original question submitted asked “Do you favor a law allowing marriage licenses for same-sex couples that protects religious freedom by ensuring no religion or clergy be required to perform such a marriage in violation of their religious beliefs?” Supporters of same-sex marriage are most opposed to the abbreviated question.
The ballot question revisits the issue. In 2009, the state legislature had approved a measure making same-sex marriage legal in Maine, and Gov. John Baldacci (D) signed it. But in a referendum that November, voters repealed it.
On June 12, officials in Washington state announced that a sufficient number of signatures had been submitted to put a referendum on same-sex marriage on the November ballot there. A measure making same-sex marriage legal in Washington was enacted on Feb. 13, and had been set to take effect on June 7; however, those seeking a referendum met their June 6 deadline for submitting signatures supporting a vote.
And on June 7, the Maryland Board of Elections said it had verified more than enough signatures to get a referendum on same-sex marriage on the November ballot. Gov. Martin O’Malley (D) on March 1 had signed the Religious Freedom and Civil Marriage Protection Act into law, but in anticipation of a referendum the measure provided for an effective date of Jan. 1, 2013.
More information on same-sex marriage, and benefits for same-sex spouses and domestic partners, is available in Thompson Publishing Group’s Domestic Partner Benefits: An Employer’s Guide.