Same-Sex Marriage

Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to... more +
Same-sex marriage refers to marriage between two individuals of the same sex. Historically, such marriages have not been legally recognized. However, there has been a growing trend to expand marriage rights to same-sex couples. The United States Supreme Court addressed aspects of this issue in Windsor v. United States and Hollingsworth v. Perry.  less -
News & Analysis as of

Ash and Amber are Getting Married! (Judge Sedwick says so)

This is the wedding announcement to the world that our kind, smiling, infinitely patient IT person Ash is getting married. She and Amber have been together seven years and they had the wedding planned anyway, in San Diego,...more

EMPLOYEE BENEFITS LAW ALERT: What the legalization of same-sex marriage means for Oklahoma employers

On Monday, Oklahoma became one of five additional U.S. states required to allow same-sex couples to marry after the U.S. Supreme Court refused to review lower court decisions that overturned state bans on same-sex marriage....more

Supreme Court Declines to Rule on Same-Sex Marriage Cases - What Does This Mean for Employers?

On Monday, the U.S. Supreme Court refused to hear appeals from five states seeking to uphold same-sex marriage bans. At issue was the constitutionality of same-sex marriage bans in Indiana, Oklahoma, Utah, Virginia and...more

The Supreme Court’s 'Non-Decision' On Same-Sex Marriage: The Impact On Employee Benefits After 'Windsor'

This is a rally call for employers to evaluate employee benefit plan documents for compliance....more

Supreme Court Passively Clears the Way for Same-Sex Marriage

On October 6, 2014, the Supreme Court of the United States declined to review all seven same-sex marriage cases with petitions for certiorari pending before it. The Court’s refusal to hear the appeals means that the lower...more

It’s All Over But the Shouting! What Do Employers Do Now That Gay Marriage Is Effectively Legal Everywhere?

By denying cert in seven cases covering five states, the Supreme Court effectively legalized gay marriage in most, if not all of the United States....more

OCR Issues Guidance Relating to Same-Sex Marriages

The Department of Health and Human Services' Office for Civil Rights recently published guidance to assist covered entities by explaining how the United States Supreme Court's decision regarding the Defense of Marriage Act...more

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common

What do cases involving challenges to same-sex-marriage and voter ID laws have in common? The answer, according to a per curiam opinion issued today by a panel of judges from the U.S. Court of Appeals for the Seventh...more

Health Headlines: Also in the News - September 2014 #3

Congressman Sends Letter to Secretary of HHS Urging Her to Retract CMS’s Global Settlement Offer – On September 15, 2014, Congressman Kevin Brady (R-Tex), Chairman of the House Ways and Means Health Subcommittee, sent a...more

OCR Issues Guidance on HIPAA and Same-Sex Marriage

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) released guidance last Wednesday to help covered entities and business associates understand the privacy implications of the 2013...more

Privacy Tuesday – September 2014

Happy autumnal equinox Home Depot Breach – By the Numbers: - 56 million cards at risk (compare to Target = 40 million) - $62 million in estimated costs (compare to Target =$146 million and...more

Business Associate Agreement September 22 Deadline; Same Sex Marriage Guidance Released

There are two important updates with respect to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). First, on September 17, 2014, the U.S. Department of Health and Human Services (HHS) issued guidance to...more

Employment Law: Sep 2014

California Enacts Paid Sick Leave - Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more

What Employer Shared Responsibility Does Not Say

So much energy has been spent on what the final regulations on the employer shared responsibility tax and the related final reporting regulations (the “ESRR”), that some of the most significant considerations have been missed...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Update on Same-Sex Employee Benefits

In recent months employers around the country, have been scrambling to keep up with developments with respect to the evolving rights of employees in same-sex relationships. This articles touches on some recent guidance in...more

Supreme Court Takes Up Federal Right to Same-Sex Marriage

From the former capital of the Confederacy in Richmond, Virginia, comes the spark for a Supreme Court decision that could extend same-sex marriage to all fifty states within a year. On August 20, 2014, the Supreme...more

If I Was Married Out-Of-State Before Whitewood Legalized Same-Sex Marriage In Pennsylvania, When Is My Official “Date Of Change”...

It may be the case that, before your spouse can qualify under your employee benefit plan, your employer requires you to notify it of a change in marital status within a certain number of days after the marriage. It is always...more

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

How Has The Legalization Of Same-Sex Marriage In Pennsylvania Altered The Adoption Process For Same-Sex Couples?

“Any individual may become an adopting parent.” This statement, cited from Pennsylvania’s Adoption Act now rings true for same-sex married individuals seeking to adopt their spouse’s children through what is called a...more

Same-Sex Spouses and 401(k) and Pension Plans - Does Your Plan Need to be Amended by December 31, 2014?

Same-Sex Spouses are Spouses for Qualified Plan Purposes - On July 26, 2013, in United States v. Windsor, the United States Supreme Court held that the prohibition against recognizing a same-sex spouse as a spouse for...more

The Expanding Ash Heap of History

This year marks the 60th anniversary of the historic United States Supreme Court decision in Brown v. Board of Education of Topeka. The court overturned the precedent established in Plessy v. Ferguson, which upheld that...more

To Have and to Hold: Modern Family Formation and Application of Constitutional Principles

Recall the year 1868 and §1 of the Fourteenth Amendment of the United States Constitution: “All persons born and naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and...more

Recent Court Cases Highlight the Difficult Questions Related to Medically Assisted Procreation in France

Law No.2013-404 dated May 17, 2013, (the Law) allowed same-sex couples to get married and to adopt children, through either the mutual adoption of a child or the adoption of the same-sex spouse’s biological or adopted child....more

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

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