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 -

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

Texas Supreme Court Disputes Reach of Obergefell in Employee Benefits Case

by Seyfarth Shaw LLP on

Seyfarth Synopisis: 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...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

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

Religious Institutions Update: June 2017

by Holland & Knight LLP on

Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more

Can You Sponsor Your Same-Sex Partner for a Green Card in Chicago?

by Ronald Shapiro on

In Illinois, same-sex unions gained legal recognition in 2014, and green card sponsorship for a foreign national came with that legal status. Despite being legal, permanent US residents often must still seek a Chicago...more

The Joint Tax Return

by Moskowitz LLP on

IRS data indicates that over 95% of married couples file jointly – and for most, but not all, couples this makes good economic sense. In this two-part series, we will discuss the advantages and disadvantages of filing joint...more

Hiding Behind Faith

by Bowditch & Dewey on

A reasonable amount of uncertainty, speculation, and even fear is expected with any change. Recently, we have seen a change among states and laws governing child welfare agencies and same-sex adoption....more

More on Transfer Tax Issues Post Windsor and the Legalization of Same-Sex Marriage

by Bryan Cave on

In a recent Notice, the Internal Revenue Service set forth some administrative procedures helping taxpayers recalculate gift and generation-skipping transfer tax exemption with respect to gifts and bequests made to or for the...more

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