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Obergefell v. Hodges (June 26, 2015)

Articles Discussing Case:

Treasury and the IRS Issue Proposed Regulations Implementing Supreme Court Same-Sex Marriage Ruling

Franczek Radelet P.C • October 29, 2015
In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully married to one another regardless of that person’s gender. The guidance is in response to the recent Supreme Court decision in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), which legalized same sex marriage across all 50 states. The regulations will affect sections of the Code that involve marriage, including payroll, income, and estate tax provisions, as well as a number of dependency exemptions. The proposed regulations instruct that the IRS’s updated interpretation of these terms in the Code does not extend to individuals who are part of a civil union or registered as domestic partners. For more details on the impact of Obergefell on employer sponsored benefit plans, please see our prior alert here.

What the Same-Sex Marriage Ruling Means for the Workplace

XpertHR • July 20, 2015
The reverberations are still being felt from the Supreme Court’s blockbuster June 26 decision to legalize gay marriage nationwide. The finding in Obergefell v. Hodges that state same-sex marriage bans violated the Constitution’s Equal Protection Clause left no doubt where the majority stood. So now that the dust has settled, what are the key takeaway points for employers?

Employers: Adapt to Obergefell

Goldberg Segalla LLP • July 01, 2015
Employers must adapt to Obergefell v. Hodges. Prior to the Supreme Court’s June 26, 2015 decision, many states did not require employers to recognize and provide benefits for married same-sex couples. Only 36 states and Washington D.C. legalized same-sex marriage. Now, the Supreme Court determined that the 14th Amendment requires states to license same-sex marriages and to recognize lawfully licensed same-sex marriages performed out-of-state. In light of this holding, employers must ensure that their policies, procedures and the benefits comport with federal law.

U.S. Supreme Court Rules that States Must Permit and Recognize Same-Sex Marriage

Franczek Radelet P.C • June 29, 2015
Today, the United States Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the United States Constitution requires every state to issue marriage licenses to same-sex couples. In a 5-4 decision, the Court also ruled that states must recognize same-sex marriages validly performed elsewhere.

Marriage with a Capital "M": What Employers Need to Know About the Supreme Court's Decision in Obergefell v. Hodges

Littler Mendelson, P.C. • June 29, 2015
On June 26, 2015, the U.S. Supreme Court issued what can only be described as a landmark decision, ruling that the Fourteenth Amendment of the U.S. Constitution requires (i) all states to permit marriage between same-sex couples, and (ii) all states to recognize marriages performed in other states, including those between same-sex couples. The opinion effectively confirmed prior judicial decisions declaring state constitutional amendments and statutes unconstitutional and, at the same time, struck down bans against same-sex marriage in the 14 states where such bans remained.

Now That Same-Sex Marriage is a Constitutional Right, How Do Employers Administer FMLA Leave?

Franczek Radelet P.C • June 29, 2015
On Friday, June 26, the United States Supreme Court ruled that same-sex marriage is a fundamental right under the Fourteenth Amendment to the Constitution.

Same-Sex Marriage: A Practical Guide for Employers

Goldberg Segalla LLP • June 29, 2015
Now that the U.S. Supreme Court has issued its highly anticipated ruling that states must legally recognize same-sex marriages, what specific impacts will it have on the employment relationship and employee benefits?

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

Ogletree Deakins • June 29, 2015
On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to Michigan, Kentucky, Ohio, and Tennessee state laws that continued to ban same-sex marriages and those states’ refusal to recognize legally valid same-sex marriages performed in other states. The two questions before the Supreme Court were: (1) Does the U.S. Constitution, including the Equal Protection and Due Process clauses of the Fourteenth Amendment, require all states to perform same-sex marriages? (2) Does the U.S. Constitution require states to recognize same-sex marriages legally performed elsewhere?

Supreme Court Rules States Can't Ban Same-Sex Marriage

XpertHR • June 29, 2015
The Supreme Court has ruled 5-4 that the Constitution requires all states to license same-sex marriages and to recognize such marriages when they were lawfully licensed and performed out of state.

Supreme Court Holds States Cannot Ban Same-Sex Marriage; All States Must Perform and Recognize Same-Sex Marriage

FordHarrison LLP • June 26, 2015
Executive Summary: The U.S. Supreme Court has held that marriage is a fundamental right, and states must perform and recognize same-sex marriage. See Obergefell v. Hodges (June 26, 2015).

SCOTUS Extends Same-Sex Marriage Rights Nationwide

Fisher Phillips • June 26, 2015
As has become its custom, the Supreme Court left one of its most high-profile decisions for the end of its term, holding today by a 5-4 vote that the Constitution requires states to recognize same-sex marriages. As a result, state bans against same-sex marriage are no longer permissible and all states are required to recognize same-sex marriages that take place in other states. Employers should update their FMLA policies and benefit plans to provide the same coverages for same-sex married couples as for other married couples. Obergefell v. Hodges.