The Supreme Court’s decisions on two cases implicating the intersection of employee benefits and same-sex marriage were issued this morning, June 26, 2013. The opinions issued involved the federal Defense of Marriage Act (DOMA) and California’s Proposition 8 (Prop 8). The DOMA decision struck down the provision limiting marriage for federal purposes to a marriage between a man and a woman as unconstitutional under the equal protection clause of the Fifth Amendment. The Prop 8 decision found that the petitioners did not have standing to challenge the district court decision overturning the California ban on same-sex marriage.
What Does the DOMA Decision Do?
What Doesn’t the DOMA Decision Do?
What are Some Federal and State Tax Issues After the DOMA Decision?
What are Some ERISA Considerations After the DOMA Decision?
What About DOMA and the Affordable Care Act?
What Does the California Prop 8 Decision Do?
What Doesn’t the Prop 8 Decision do?
What Should Employers Expect?
What Should Employers Do Now?
The Supreme Court decisions regarding DOMA and Prop 8 present some clarification for federal treatment of same-sex couples legally married in states recognizing marriage equality regardless of gender. The decisions also raise questions for administering employee benefit plans covering employees in different states and ERISA and IRC treatment of employee benefits. Stay tuned . . .
This article is provided for general informational purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. You are urged to consult a lawyer concerning any specific legal questions you may have.
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