News & Analysis as of

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 -

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

by Fisher Phillips on

Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described...more

$135,000 Fine Upheld Against Oregon Bakers Who Refused To Bake Cake For Same-Sex Couple

by Fox Rothschild LLP on

I’ve posted before on the Oregon wedding cake case (not to be confused with the Colorado wedding cake case that went to the Supreme Court). Now comes recent news that the Oregon Court of Appeals has upheld a $135,000 fine...more

News Now: Your One Minute Legal Insight (New Judges, Wedding Cakes, and School Vouchers)

by Sherman & Howard L.L.C. on

As always, there’s plenty of public law news to cover this month from Colorado and beyond. Here are your highlights...more

U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals with claims for religious liberty, with Justice Kennedy appearing likely...more

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

Religious Institutions Update: November 2017 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - Serious data breaches have become routine in the United States, yet a recent survey shows that the majority of religious institutions do not have a full-time IT professional, have no system to detect a...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...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

Upcoming SCOTUS Term Promises To Be A Blockbuster

by Fisher Phillips on

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...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

Legislation to Provide Equal Tax Treatment for Married Same Sex Couples

by Pessin Katz Law, P.A. on

On July 13, 2017 Rep. Richard E. Neal (D-MA-1), joined by other members of the U.S. House of Representatives, introduced H.R. 3234, Refund Equality Act of 2017, which has been referred to the House Committee on Ways and...more

LGBT Immigration Rights Upheld by Hong Kong Court

In a decision likely to please equal opportunities campaigners as well as global financial institutions and other employers of overseas talent in Hong Kong, the Court of Appeal has unanimously struck down an immigration...more

Global Employment Law Update - September 2017

by Hogan Lovells on

Family benefits and discrimination - In this edition of our Global Employment Law Update we look at the provision of different types of maternity, paternity and family leave across the jurisdictions, highlighting areas...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

Pensions in Dispute

by Allen & Overy LLP on

The Court of Appeal has ruled on two long-running disputes about the ability of an employer to change pension benefits for future service (for example by closing a scheme to future accrual and/or capping pensionable pay). 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

Same-sex survivors' pensions - exemption for pre-2005 service invalid

by Hogan Lovells on

The Supreme Court in Walker v Innospec Limited, overturning the Court of Appeal, has decided that the exemption for service prior to December 2005 from the requirement for occupational pension schemes to give survivors'...more

Let Them Eat Cake!

by Bowditch & Dewey on

The competing interests of an individual’s First Amendment right to religious freedom and an individual’s right to be free from discrimination will be addressed by the Supreme Court of the United States (“SCOTUS”) in the...more

Supreme Court Extends Equal Pension Rights for Same-Sex Partners

by Reed Smith on

As you may have already read in the press, the Supreme Court ruled on 12 July 2017 that where a member of a defined benefit occupational pension scheme is in a civil partnership or same-sex marriage, their partner is entitled...more

City of Houston’s Provision of Benefits to Same-Sex Spouses of City Employees Intact Pending Further Judicial Review

by Locke Lord LLP on

A 2013 change in the City of Houston’s employee benefits policy to extend benefits to the same-sex spouses of City employees, intended to align the City’s policy with what its legal counsel determined was a federal...more

Supreme Court widens rights for same-sex couples

by Allen & Overy LLP on

The Supreme Court has ruled in two cases on the issue of whether new legislation has retrospective effect on pension rights. One case covers same-sex couples. The other case looks at part-timers. The Court ruled that the...more

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