Constitutional Law › Civil Rights › Family Law

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....more

Minnesota Gov. Signs Marriage Equality into Law

Months after Minnesota voters declined to enshrine a ban on gay marriage in the state constitution, Gov. Mark Dayton today signed a bill that permits gay and lesbian couples to tie the knot....more

Gay Moms Get True Marriage Equality in Iowa

The Iowa Supreme Court ruled on May 3 that the state must recognize children born to lesbian couples as having two parents on their birth certificate, ensuring full parental rights for both parents and equal treatment for gay...more

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

Illinois Inches Closer to Legalizing Same-Sex Marriage

While a bill legalizing gay marriage awaits enough support in the Illinois House of Representatives, the Cook County clerk is not defending against a lawsuit brought against the county by gay couples who say its refusal to...more

U.S. Supreme Court Hears DOMA Case—Now What?

Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more

Was this week the beginning of the end for DOMA?

Hi there, This week had two days of arguments on gay marriage at the Supreme Court. The first case dealt with a challenge to the California law known as Prop. 8, which overturned the California Supreme Court’s...more

Supreme Court Hears Arguments in DOMA Challenge

The Defense of Marriage Act (“DOMA”) is agay marriage federal law which bars interstate recognition of marriage between same sex couples. This means that while a marriage between members of the same sex in one state may be...more

Supreme Court Could Strike Down Defense of Marriage Act

The U.S. Supreme Court heard two hours of arguments today over the Defense of Marriage Act, which bans federal recognition of same-sex marriage....more

Will Supreme Court Punt on Gay Marriage Case?

The U.S. Supreme Court today heard arguments in a case that could potentially grant marriage rights to gay couples in all 50 states, but the justices indicated that they would punt the issue instead....more

Why the Supreme Court Will Rule in Favor of Gay Marriage

Originally published in The Huffington Post on March 25, 2013. We are on the threshold of a historic decision on individual rights by the Supreme Court of the United States as it considers two cases involving same-sex...more

Historic Gay Marriage Cases Before Supreme Court Next Week

The U.S. Supreme Court will hear arguments next week in two cases that have the potential to change the face of LGBT rights and bring marriage equality to all Americans....more

The Conundrum Facing Same-sex Couples and Whether Help is on the Way

In 1975, Paul Simon crooned, “[t]here must be fifty ways to leave your lover.” But in 2013, some married same-sex couples are having trouble finding any way to leave their partners. A recent New York Magazine cover story...more

Court Upholds LGBT Adoption Ban in Puerto Rico

The Puerto Rico Supreme Court last week upheld the island’s ban on same-sex couples adopting children, noting that the legislature could change the law if it wished. ...more

Supreme Court Review of Same-Sex Marriage Cases Could Require Significant Changes to Employee Benefits

In our 2012 End of Year Plan Sponsor “To Do” Lists, we indicated that there was a strong possibility that the Supreme Court would grant certiorari this term in a series of cases challenging Section 3 of the Defense of...more

The Estate Tax Consequences of the Defense of Marriage Act for Same-Sex Couples

As of January 1, 2013, the Civil Marriage Protection Act legalized same-sex marriage in the State of Maryland. From the estate-planning perspective, the passage of this law clarified many points that had been problematic for...more

Same-Sex Marriage Cases in 90 Seconds [Video]

Jan. 14 (Bloomberg) -- Will the U.S. Supreme Court weigh in on same-sex marriage, or sidestep the issue? Oral arguments are scheduled for March 26th and March 27th. Expect rulings in June. This video, from Bloomberg...more

LGBT Marriage Bills Coming in Illinois, Rhode Island

Lawmakers in Illinois and Rhode Island are set to consider same-sex marriage bills early this year, which could make them the 10th and 11th states to bring marriage equality to their residents. Illinois fell just short...more

Langarica v. County of Los Angeles

Appellate Opinion

After hospital staff got into a dispute with Appellant, Antonio Langarica, the hospital defendants convinced the social worker defendants that Antonio had a bad attitude and needed to be brought into line. They then worked...more

Legal Alert: Supreme Court Set To Rule On Same-Sex Marriage

The U.S. Supreme Court has agreed to hear two cases involving the issue of same-sex marriage; the Second Circuit's decision finding the federal Defense of Marriage Act (DOMA) unconstitutional and a Ninth Circuit Decision...more

Supreme Court Ruling May Change The Definition Of Spouse Under The FMLA

The Supreme Court recently announced that it will address whether the federal Defense of Marriage Act (DOMA) is constitutional, and whether it improperly denies certain federal benefits to partners in same-sex or domestic...more

Supreme Court Takes Up Same-Sex Marriage

The Supreme Court will address same-sex marriage for the first time in adding a pair of closely-watched cases from California and New York to its schedule. The New York case involves the Defense of Marriage Act (DOMA), the...more

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

Discrimination Against Same-Sex Marriages May End Soon

As I predicted in my blog post in February 2011 about the fate of same-sex marriages and the Defense of Marriage Act (DOMA), a new era may be upon us. Nearly two years ago, I wrote about the prospect of the United States...more

Supreme Court To Hear Two Gay Marriage Cases

The Supreme Court announced on Friday that it would take up two cases which challenge the constitutionality of bans on LGBT marriage. In one case, the court will rule on the Defense of Marriage Act, which bans federal...more