Tag Archives: Same-Sex Marriage

California Court Recognizes Same-Sex Marriage a Week Prior to Windsor

Earlier this month, the U.S. District Court for the Northern District of California recognized the retroactive application of United States v. Windsor. In Schuett v. FedEx Corporation, plaintiff and her long-time same-sex partner, Lesly Taboada-Hall were married in a civil […]

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Supreme Court’s Same-Sex Marriage Ruling in Obergefell: Effect on Benefit Plans

Two years after recognizing same-sex marriages for purposes of federal law, the U.S. Supreme Court has gone a step further, requiring that all states recognize same-sex marriages as valid if they were valid in the jurisdiction where they were performed.  […]

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After Obergefell, Is it “Get Married Or Else”?

As has now been widely reported, the Supreme Court ruled on June 26 (the second anniversary of the Windsor decision) that same-sex couples have a right to marry in any part of the United States. Despite being hailed as a […]

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FMLA Rules for Couples: So, Who’s Not Covered?

The U.S. Department of Labor’s issuance of a final rule amending the definition of “spouse” in the federal Family and Medical Leave Act (“FMLA”) regulations has inspired us to prepare a new series of FMLA-related blog posts on the subject […]

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Second Circuit Affirms that Health Plan’s Same-Sex Spouse Exclusion Does not Violate ERISA

On December 23, 2014, the U.S. Court of Appeals for the Second Circuit upheld the District Court’s dismissal of plaintiffs’ claims alleging that the same-sex spouse exclusion in the employer’s self-insured medical plan violated Section 510 of the Employee Retirement […]

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Relationship Talk: Same-Sex Couples May Marry in Missouri

I have a friend who has lived in St. Louis with his same-sex partner for years. About a year ago, we were discussing same-sex marriage rights and my friend expressed his hope that Missouri would NOT join the other states […]

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HHS Guidance Recognizes HIPAA Privacy Rights of Same-Sex Spouses and Dependents

On September 17th, the Department of Health and Human Services Office for Civil Rights (“HHS”) issued guidance to assist covered entities and business associates in complying with the privacy requirements under the Health Insurance Portability and Accountability Act of 1996 […]

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Same-Sex Marriages Performed in Other States Recognized in Missouri

Twenty states and counting. Same-sex marriages are now recognized in 20 states and the District of Columbia. The most recent addition to this growing group is the state of Missouri. Pursuant to a ruling issued earlier today by Jackson County […]

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New Case Tests the Retroactive Reach of Windsor

Following a spate of district court cases in response to United States v. Windsor, 133 S. Ct. 2675 (2013), some same-sex surviving spouses are asking retirement plan sponsors to review previously denied death benefit claims.  Among them has emerged Passaro […]

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DOL Proposes to Adopt State of Celebration Rule to Determine FMLA Rights of Employees in Same-Sex Marriages

Presently, the federal government uses different rules for different purposes when determining whether a same sex marriage will be recognized. The IRS and the majority of other government agencies use the state of celebration rule for purposes of determining whether […]

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