News & Analysis as of

Obergefell v. Hodges

Supreme Court Argument: Baker’s First Amendment Rights vs. Colorado’s Anti-Discrimination Law

by Jackson Lewis P.C. on

The United States Supreme Court heard oral argument in a case with potentially far-reaching implications for issues at the intersection of civil rights and religious freedoms on December 5, 2017. Masterpiece Cakeshop, Ltd. v....more

SCOTUS Declines To Address Texas Supreme Court Ruling Limiting Reach of Obergefell

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court announced that it would not hear an appeal from the City of Houston in a case challenging the city’s ability to offer spousal benefits to same-sex spouses of municipal employees. By...more

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

by Jaburg Wilk on

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

CMS Unexpectedly Withdraws Three Proposed Rules

The Centers for Medicare and Medicaid Services (CMS) recently announced the withdrawal of three proposed rules that, in one case, had been pending since 2014. The first proposed rule that CMS decided to scrap was proposed in...more

Lawsuit Challenges Adoption Agencies That Refuse to Work with Same-Sex Couples

by Varnum LLP on

2015 was an eventful year for gay rights in Michigan. Most notably, litigation concerning Michigan's ban of same-sex marriage reached the United States Supreme Court, in Obergefell v. Hodges. In a June 26, 2015 decision, a...more

Edith Windsor: Saying Farewell to a Brave Woman

by Bowditch & Dewey on

In law school, I wrote papers on the tax consequences of death and divorce for same-sex married couples. The conclusions I drew in those academic exercises included advising same-sex married couples to plan for tragedy well...more

Pavan v Smith: Supreme Court Prevents Attempts of States to Undermine Rights of Married Same Sex Couples

by Miles & Stockbridge P.C. on

The Supreme Court case Pavan v. Smith, 582 U.S.____ (2017), in a per curiam opinion on June 26, 2017, strengthened the rights protected in Obergefell v. Hodges, 576 U.S. ___ (2015). The decision confronted an attempt by the...more

Return to Windsor: A Novel Tax Code Correction

by Lewitt Hackman on

Here’s the next chapter in the saga known as Edith Schlain Windsor v. The United States of America. (For a quick recap, please read Tax & Estate Planning – Small Win for Same Sex Couples?). Two representatives of the state...more

Texas Supreme Court Disputes Reach of Obergefell in Employee Benefits Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more

The Supreme Court - June 26, 2017

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more

“The Writing Is on the Wall:” The Seventh Circuit Holds Title VII Prohibits Discrimination Based on Sexual Orientation

by Hirschfeld Kraemer LLP on

On April 4, 2017, the Seventh Circuit Court of Appeal became the first United States appellate court to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. This is...more

Landmark Seventh Circuit Decision Interprets Title VII Protections To Prohibit Sexual Orientation Discrimination

“Who will be hurt if gays and lesbians have a little more job protection?” Judge Richard Posner of the Seventh Circuit Court of Appeals posed this question a few months ago during oral argument in a case involving a teacher...more

Texas' Pending LGBT-Related Legislation: What it Means for Employers

by FordHarrison on

Issues pertaining to LGBT rights have been a focal point of public debate and discourse for several years, but since the U.S. Supreme Court’s decision in Obergefell v. Hodges, these issues increasingly have also been the...more

Is Same-Sex Discrimination Considered “Sex Discrimination” Under Title VII? 

by Fisher Phillips on

The Supreme Court made clear in 2015 that same-sex marriage is legal across the nation. However, two years later, we still are not clear whether a person’s sexual orientation is protected under Title VII’s “sex...more

Married, but Without Benefits: The Obergefell Saga Continues in Texas

Same-sex couples can legally marry, but are they legally entitled to benefits? The Supreme Court of Texas will decide this issue after hearing oral arguments in March of 2017 in Pidgeon v. Turner. ...more

Courts Have Authority To Dissolve Civil Unions Under Pennsylvania Divorce Code

Prior to the December, 2016 Neyman vs. Buckley decision, couples who were joined in civil unions had difficulty dissolving their union in Pennsylvania. When Neyman filed a divorce complaint to dissolve her civil union in...more

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

by Franczek Radelet P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

IRS Regulations Clarify Definition of Spouse for Federal Tax Purposes in Light of Obergefell v. Hodges

by BakerHostetler on

The IRS has issued final regulations clarifying the definitions of “spouse,” “husband,” “wife,” and “husband and wife” for federal tax purposes. The final regulations now define “spouse,” “husband” and “wife” as any...more

Final IRS Regulations Clarify Tax Rules for Same-Sex Couples

by Bryan Cave on

Effective September 2, 2016, the Internal Revenue Service formally put into place amendments to regulations that define who is married for tax purposes. The new regulations finalize proposed regulations issued in 2015, with...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

Tale of Several Lawsuits: Filings in North Carolina and Mississippi Regarding Gender Identity Laws

In response to the Department of Justice’s letter last week (see our previous blog post) regarding North Carolina’s HB2 law about transgender bathroom access (among other things), the Governor and Secretary of the Department...more

Annual Estate Planning Newsletter: Part Four

by Blank Rome LLP on

Action Item: This is the fourth installment of our Annual Estate Planning Newsletter, and focuses on matters of interest to married couples. We urge you to review this installment to ensure that your 2016 estate and tax...more

Federalism “On Fleek” or Fifty Separate Fiefdoms? State Chief Justice Says Obergefell Is Not the Law in Alabama

by Butler Snow LLP on

A recent, public clash between the highest legal authorities of the United States and one of its constituent states, Alabama, illustrates the promise and the problems of this country’s unique system of dual sovereigns, known...more

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