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United States v. Windsor, No. 12-307 (June 26, 2013)

Articles Discussing Case:

DOMA No More: Impact of the U.S. v. Windsor Ruling and Recently Issued Guidance on Employee Benefit Plans

Jones Walker • September 16, 2013
On June 26, 2013, the United States Supreme Court issued its ruling in U.S. v. Windsor, No. 12-307 U.S. June 26, 2013, declaring Section 3 of the Defense of Marriage Act ("DOMA") unconstitutional. Section 3 of DOMA defined marriage for federal law purposes as only a marriage between individuals of the opposite sex. The Windsor court ruled that this provision violates the Equal Protection Clause and that same-sex marriages in states where they are legally recognized are now entitled to the same treatment as opposite-sex marriages under federal law.

Supreme Court Decision on DOMA Clears Way for FMLA Application to Same-Sex Spouses

Goldberg Segalla LLP • June 27, 2013
In a landmark decision today, United States v. Windsor, the Supreme Court decided by a 5-4 decision that § 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional as a deprivation of the liberty of the person protected by the due process and equal protection clauses of the Fifth Amendment.

U.S. Supreme Court Rules Federal Law Defining “Marriage” Is Unconstitutional

Ogletree Deakins • June 27, 2013
This morning, the Supreme Court of the United States issued its highly anticipated decision in United States v. Windsor, ruling that the Defense of Marriage Act (DOMA) is unconstitutional on equal protection grounds. With Justice Kennedy writing for the majority in a 5-to-4 decision, the Court ruled that DOMA, which excludes a same-sex partner from the definition of “spouse” as that term is used in federal statutes, is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment of the U.S. Constitution. The case is significant for employers because of its far-reaching impact on their benefits plans and how they are administered. It is also significant for employers based on the expected ripple effect on state, federal, and local law. This morning, the Court also issued its decision in Hollingsworth v. Perry, a case on California’s Proposition 8, which defined marriage to exclude same-sex couples. United States v. Windsor, No. 12-307, Supreme Court of the United States (June 26, 2013).

Supreme Court Rules DOMA Is Out, Same-Sex Marriages Are Legal

Fisher Phillips • June 27, 2013
As the 2012 term of the U. S. Supreme Court comes to a close, the Justices left the most politically and emotionally charged decisions for last. On June 26, 2013, the Court handed down its decision striking down the federal Defense of Marriage Act (DOMA) in United States v. Windsor. A companion case challenging California’s Proposition 8 was remanded to the U.S. Court of Appeals for the 9th Circuit for lack of standing by the proponents of the law in Hollingsworth v. Perry.

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