Are rules for same-sex marriage about to change in Texas?

February 06, 2017 0 COMMENTS

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, the ruling could lead to plenty of confusion over what Texas employers are required to do (and prohibited from doing) when it comes to employee benefits.  Justice is served

Background

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Marriage equality comes to Arizona (and 16 other states in 2014)

November 16, 2014 0 COMMENTS

by Dinita James

On October 17, 2014, Arizona Attorney General Tom Horne issued a directive to the state’s 15 county clerks that they could begin immediately issuing licenses for same-sex marriages. With that letter, Arizona became the 30th state to permit same-sex marriage and recognize same-sex marriages celebrated in other states and countries.  Horne’s action came near the end of a dramatic two weeks that saw the number of states recognizing same-sex marriage rise from 19 to 32 by the end of the day on October 17, when Alaska and Wyoming also joined the parade (the number climbed to 33 on November 12 when a judge ordered South Carolina officials to stop enforcing a ban on same-sex marriage). With 17 states making same-sex marriage legal in 2014 and appeals in progress in 7 of the remaining 17 states with same-sex marriage bans, a closer look at the Arizona shift can be instructive for many employers.  Same-sex marriage Arizona

Waving the white flag

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Same-sex couples stand to receive benefits after DOMA provision’s demise

September 15, 2013 0 COMMENTS

by Scott Evans

On June 26, the U.S. Supreme Court issued a pair of decisions favorable to the gay rights movement. In United States v. Windsor, the Court ruled that same-sex married couples are entitled to federal benefits, and by declining to decide a California case, the Court effectively allowed same-sex marriage in the state.

In the Windsor case, the Supreme Court held that Section 3 of the federal Defense of Marriage Act (DOMA), which defined marriage as the union between a man and a woman and denied more than 1,000 federal benefits to same-sex married couples, was unconstitutional because it violated the Fifth Amendment to the U.S. Constitution. The Court’s decision to strike down Section 3 may dramatically transform the legal and financial standing of hundreds of thousands of Americans. Justice Anthony M. Kennedy wrote the majority’s opinion in the 5-4 decision, with the four liberal-leaning justices―Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan―joining.

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