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The U.S. Supreme Court’s ruling in favor of a Colorado baker who cited religious reasons for his refusal to bake a cake celebrating a same-sex marriage provides clarity to that baker, but still leaves some uncertainty for other employers.
by Jacob Monty Monty & Ramirez, LLP The Texas Supreme Court ruled this week that the City of Houston’s extension of its employee benefits to married same-sex couples goes further than is required by the 2015 U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, which declared same-sex marriage equal in all 50 states. The […]
by Jacob M. Monty The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, […]
by Gwen Cofield To have standing to sue an employer for a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice violation, the individual alleging the violation must be either a participant or a beneficiary, as those terms are defined in Employee Retirement Income Security Act (ERISA). COBRA coverage is designed to continue, for a limited time, […]
In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]
Yesterday we saw how same sex marriage and benefits are a complicated mix. Today we’ll examine similar issues concerning transgender benefits and unmarried partner benefits.
It’s been over 2 years since the U.S. Supreme Court effectively legalized same-sex marriage in the case of U.S. v. Windsor and a year since the Court’s decision in Obergefell v. Hodges, required states to issue marriage licenses for same-sex marriages and to recognize a same-sex marriage performed in another state. So, everything is resolved, right?
By Susan Schoenfeld, JD It’s been over 2 years since the U.S. Supreme Court effectively legalized same-sex marriage in the case of U.S. v. Windsor and a year since the Court’s decision in Obergefell v. Hodges, required states to issue marriage licenses for same-sex marriages and to recognize a same-sex marriage performed in another state. So, […]
By Susan Schoenfeld, JD In late June, in Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment of the U.S. Constitution requires states to license a marriage between two people of the same sex, and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed […]
In a 5-4 ruling in Obergefell v. Hodges released on June 26, 2015, the Supreme Court held that same-sex marriage is a fundamental right guaranteed by the 14th Amendment of the United States Constitution, expanding the right to gay marriage to the remaining 13 states that had not previously allowed it. Read more.