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  In re Marriage Cases, No. S147999 (Cal. May 5, 2008)
Jackson Lewis LLP - May 22, 2008 One aspect of the recent landmark California Supreme Court decision granting same-sex couples the right to marry that has received little attention from legal experts thus far has been its impact upon employers and their employment policies. In re Marriage Cases, No. S147999 (Cal. May 5, 2008). Absent a stay of the decision pending a possible ballot initiative to amend the state Constitution in November 2008, employers probably can expect newly married same-sex couples to seek treatment equal to that accorded their heterosexual co-workers, including spousal benefits, when the decision takes effect. It does so on June 14, 2008, thirty days after it was issued. Unless a stay is issued, employers should not await the outcome of a possible ballot initiative before complying with the decision’s requirements, since doing so would risk sexual orientation discrimination claims. We address below some of the more common inquiries employers should expect once same-sex couples marry.  California Supreme Court Opens the Door on Same-Sex Marriage.Littler Mendelson, P.C. - May 22, 2008 In a landmark decision, the California Supreme Court held that the state's Constitution guarantees the right to marry to same-sex couples as well as to couples of the opposite sex. As domestic partners already enjoy broad rights under a patchwork of recently enacted state domestic partner laws, the primary consequence of the California Supreme Court's decision for employers is to bring same-sex couples within the sweep of pre-existing policies providing benefits to married couples. The following is an update for employers on the current status of the law.
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