News & Analysis as of September 20, 2024

Discrimination

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The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -

The Impact Of Obergefell On Employee Benefits

Laner Muchin, Ltd. on 8/26/2015

Prior to the Obergefell decision, the U.S. Supreme Court, in U.S. v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which mandated that federal laws only recognize opposite-sex marriages. As a result of...more

RLUIPA Round-Up

Robinson+Cole RLUIPA Defense on 7/13/2015

Religion Clause Blog reports that Indiana’s First Church of Cannabis is using the state’s recently enacted religious freedom law to protect its founder and two members from prosecution for possession of marijuana. The Church...more

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Orrick - Employment Law and Litigation on 7/8/2015

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

Same-Sex Marriage Recognized as Valid in Non-Recognition State for Purposes of Interpreting the Bankruptcy Code

Pullman & Comley, LLC on 7/9/2014

As a result of two Federal trial court decisions issued May 19, 2014 and May 20, 2014, Oregon and Pennsylvania became the 18th and 19th states where gay and lesbian couples can legally marry. In these decisions, U.S....more

Legal Alert: Fall of the DOMA-n Empire: Practical Employee Benefits Implications

Eversheds Sutherland (US) LLP on 7/2/2013

On June 26, the U.S. Supreme Court decided United States v. Windsor, striking down Section 3 of the federal Defense of Marriage Act (DOMA) as unconstitutional and holding that same-sex marriages recognized under state law...more

Employee Benefits Challenges After the Supreme Court’s DOMA Ruling

Akin Gump Strauss Hauer & Feld LLP on 7/1/2013

The ruling on Wednesday by the Supreme Court of the United States, that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, will immediately extend to legally married same-sex couples a host of federal...more

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

Butler Snow LLP on 6/29/2013

On Wednesday, 26 June 2013, the US Supreme Court ruled that Section 3 of the Defense of Marriage Act (“DOMA”), which limits the definition of “marriage” to “a legal union between one man and one woman as husband and wife” and...more

DOMA is Doomed as Windsor Expands Federal Employment Benefits and Protections to Married Same-Sex Couples

Cole Schotz on 6/28/2013

In a 5-4 decision, the United States Supreme Court struck down Section 3 of the Federal Defense of Marriage Act (“DOMA”) in its landmark decision, United States v. Windsor, 570 U.S. __ (2013). ...more

U.S. Supreme Court Declares DOMA Unconstitutional: What You Need to Know

Burns & Levinson LLP on 6/28/2013

What an exciting week! I’m pleased to share the following alert regarding DOMA that my colleagues Lisa Cukier, Christine Fletcher and Peter Zupcofska put together today for clients and friends of our firm. As we celebrate...more

U.S. Supreme Court Ruling: Defense of Marriage Act ("DOMA")

Winstead PC on 6/28/2013

While the U.S. Supreme Court(the “Court”) ruled section 3 of the Defense of Marriage Act (“DOMA”) unconstitutional, that does not mean that the changes for human resources departments and employee benefits plans can be...more

Supreme Court Decides the Fate of Same-Sex Marriages

Littler on 6/28/2013

On June 26, 2013, the Supreme Court issued its long-awaited decisions in two same-sex marriage cases. In Hollingsworth v. Perry, No. 12-144, the Court ruled that the proponents of a popular voter initiative that reversed...more

US Supreme Court Weighs-In on Same-Sex Marriage

Bennett Jones LLP on 6/28/2013

For Canadians, yesterday’s landmark same-sex decisions from the U.S. Supreme Court probably seems ho-hum. In Ontario, it’s been over 10 years since the Court of Appeal held that the legal definition marriage cannot exclude...more

U.S. Supreme Court Rules Defense of Marriage Act is Unconstitutional

Ballard Spahr LLP on 6/27/2013

Today, the U.S. Supreme Court ruled in a 5-4 vote that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The decision in United States v. Windsor means that same-sex couples who are married under state law...more

The Supreme Court Decision on the Defense of Marriage Act: An Employer’s Perspective

BakerHostetler on 6/27/2013

In a closely watched and eagerly anticipated decision, the Supreme Court, in United States v. Windsor, __ U.S. ___ (June 26, 2013) has overturned Section 3 of the Defense of Marriage Act (DOMA) which limited the definition of...more

U.S. Supreme Court Rules DOMA Unconstitutional in Estate Tax Case

BakerHostetler on 6/27/2013

The Supreme Court has held that the Defense of Marriage Act (“DOMA”) is unconstitutional. DOMA defined “marriage” and “spouse” to the exclusion of same-sex partners for purposes of federal law....more

Unconstitutionality of Defense Of Marriage Act Has Broad Reaching Implications For Tax and Wealth Planning And Tax Compliance Of...

Greenberg Glusker LLP on 6/27/2013

This morning, the Supreme Court issued two historic rulings on the constitutionality of same-sex marriage. The first ruling, in a 5-4 decision, struck down as unconstitutional a key provision of the federal Defense of...more

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Equal Protection › Same-Sex Marriage › Discrimination

The Impact Of Obergefell On Employee Benefits

RLUIPA Round-Up

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Same-Sex Marriage Recognized as Valid in Non-Recognition State for Purposes of Interpreting the Bankruptcy Code

Legal Alert: Fall of the DOMA-n Empire: Practical Employee Benefits Implications

Employee Benefits Challenges After the Supreme Court’s DOMA Ruling

Landmark US Supreme Court Decision May Extend US Tax Benefits to UK Civil Partners

DOMA is Doomed as Windsor Expands Federal Employment Benefits and Protections to Married Same-Sex Couples

U.S. Supreme Court Declares DOMA Unconstitutional: What You Need to Know

U.S. Supreme Court Ruling: Defense of Marriage Act ("DOMA")

Supreme Court Decides the Fate of Same-Sex Marriages

US Supreme Court Weighs-In on Same-Sex Marriage

U.S. Supreme Court Rules Defense of Marriage Act is Unconstitutional

The Supreme Court Decision on the Defense of Marriage Act: An Employer’s Perspective

U.S. Supreme Court Rules DOMA Unconstitutional in Estate Tax Case

Unconstitutionality of Defense Of Marriage Act Has Broad Reaching Implications For Tax and Wealth Planning And Tax Compliance Of...

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

DOMA Ruling Opens Up Estate Planning Options for Same-Sex Married Couples

What the DOMA Decision Means for Your Workplace

DOMA Ruled Unconstitutional on Equal Protection Grounds

How Does The Fall Of DOMA Impact The FMLA And Other Employee Benefits?

Legal Alert: Supreme Court Strikes Portion Of DOMA

Employment Law Blog: What does the DOMA ruling mean for employers?

Supreme Court Dismisses California's Proposition 8 Same-Sex Marriage Case

The Supreme Court Strikes Down DOMA—Benefit Plan Sponsors Have Much to Consider

Equal Protection › Same-Sex Marriage › Discrimination

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