News & Analysis as of

President Obama to Use His “Pen and Phone” to Expand LGBT Workplace Protections

June 2014 is Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride month, and President Obama is set to mark the month by using his “pen and phone” approach to expand workplace protections for LGBT individuals. Frustrated with...more

Federal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex...

The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more

DOMA is Gone, What Effect Does it Have on Immigration?

The Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account of their sexual orientation. In United States v. Windsor, the Justices...more

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

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

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

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")

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

Defense of Marriage Act (“DOMA”) held Unconstitutional by United States Supreme Court

After hearing arguments in March, yesterday — in a landmark 5-4 decision — the Supreme Court struck down DOMA. DOMA was section 3 of a 1996 law which explicitly defined marriage as a union between a man and a woman for...more

U.S. Supreme Court Decisions on DOMA and Same-Sex Marriage Have Far-Reaching Implications for Employers

On June 26, 2013, the U.S. Supreme Court delivered two much-anticipated decisions that will have sweeping and significant implications for same-sex married couples. The Supreme Court in United States v. Windsor declared...more

Supreme Court Decides the Fate of Same-Sex Marriages

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

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

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

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

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...

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

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

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

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

On June 26 the United States Supreme Court held the Federal Defense of Marriage Act ("DOMA") unconstitutional. The Defense of Marriage Act prevented a marriage between two individuals of the same sex from being recognized for...more

What the DOMA Decision Means for Your Workplace

Unless you are on a news media embargo, you have probably heard the news by now. The United States Supreme Court today issued a watershed ruling regarding the Defense of Marriage Act (DOMA), the law barring the federal...more

Legal Alert: Supreme Court Strikes Portion Of DOMA

On June 26, 2013, the United States Supreme Court issued a pair of opinions favorable to the gay rights movement, ruling that married same-sex couples are entitled to federal benefits and, by declining to decide a case from...more

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

Today the United States Supreme Court ruled, in United States v. Windsor, that the federal Defense of Marriage Act (DOMA) that prohibited the federal government from recognizing same-sex couples who are legally married in...more

In Windsor, Supreme Court Finds Federal Defense of Marriage Act Unconstitutional

By a 5-4 vote, the Supreme Court ruled yesterday that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional insofar as it purports to limit the terms "marriage" and "spouse" to opposite-gender couples...more

The Estate Planning Impact of the Supreme Court’s Ruling on DOMA

As discussed in a recent post, I anticipated that the Supreme Court’s ruling in the matter of United States v. Windsor would have a significant impact on estate planning matters for same-sex married couples. The Court issued...more

Supreme Court Rules DOMA Is Out, Same-Sex Marriages Are Legal

As the 2012 term of the U. S. Supreme Court comes to a close, the Justices left the most politically and emotionally charged decisions for last. On June 26, 2013, the Court handed down its decision striking down the federal...more

U.S. Supreme Court Rules Federal Law Defining “Marriage” Is Unconstitutional

This morning, the Supreme Court of the United States issued its highly anticipated decision in United States v. Windsor, ruling that the Defense of Marriage Act (DOMA) is unconstitutional on equal protection grounds. With...more

Supreme Court Declares DOMA Unconstitutional

Employers: Action Required to Protect Against Sexual Orientation Discrimination Lawsuits in light of Supreme Court Decision - Today the Supreme Court declared the Defense of Marriage Act unconstitutional. This case...more

Copy of SCOTUS Same-Sex Marriage Ruling: DOMA Unconstitutional - Violates Equal Protection & Due Process

Supreme Court ruling that DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. pp. 13–26. ...more

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