News & Analysis as of September 21, 2024

Due Process

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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 -

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

Fisher Phillips on 12/9/2022

In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

Exploring the Origins of Pride Month and Taking Stock of LGBTQ+ Rights

Harris Beach PLLC on 6/27/2019

Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more

Five Months after Same-Sex Marriages Held Constitutional: Where Are the Courts Headed on the Unanswered Questions?

Baker Donelson on 11/23/2015

On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more

IRS Issues Proposed Regulations to Accommodate Obergefell

Proskauer - Employee Benefits & Executive... on 10/27/2015

On October 21, 2015, the IRS issued proposed regulations to clarify the treatment of same-sex spouses for federal tax purposes. By way of background, in 2013, the United States Supreme Court held in United States v. Windsor...more

The ERISA Litigation Newsletter - July 2015

Proskauer Rose LLP on 7/29/2015

Editor's Overview - This month's article by Lindsey Chopin discusses Affordable Care Act ("ACA") litigation. Just five years old, the Supreme Court has considered issues related to the ACA numerous times. Two of those...more

Marriage Equality Is Nationwide

Stoel Rives LLP on 7/23/2015

In Obergefell v. Hodges, the United States Supreme Court held that “the right to marry is a fundamental inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment...more

Employment Law - July 2015

Manatt, Phelps & Phillips, LLP on 7/13/2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

So Same-Sex Marriage Is Legal … Now What? Important Decisions Employers Face Now

Foley & Lardner LLP on 7/8/2015

In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more

What Will Employers Likely See (or Not See) in the Wake of the Supreme Court's Same-Sex Marriage Decision?

Cranfill Sumner LLP on 7/3/2015

Now that the hubbub surrounding the Supreme Court’s June 26 decision in the consolidated case of Obergefell v. Hodges has begun to level off, employers are wondering how the decision will impact their workplaces. (In case...more

A Review of the Supreme Court’s 2014 - 2015 Term

Franczek P.C. on 7/2/2015

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Obergefell v. Hodges – Same-Sex Marriage Now Legal in All 50 States

Snell & Wilmer on 7/2/2015

In 2013, the Supreme Court, in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (“DOMA”) which defined marriage, for Federal purposes, as between one man and one woman. The Windsor ruling...more

Does the Supreme Court's Marriage Decision Protect Religious Entities?

Buchalter on 7/1/2015

COMMENTARY: For faithful Christians, Jews and Muslims, the ruling in Obergefell v. Hodges leaves more questions than answers. In the days running up to today’s Supreme Court ruling on same-sex marriage ...more

What Does SCOTUS Same-Sex Marriage Decision Mean For Employers?

Constangy, Brooks, Smith & Prophete, LLP on 7/1/2015

Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers. The Supreme Court already decided in 2013 that the federal definition of “spouse” included same-sex...more

A Closer Look at the Supreme Court’s Same Sex Marriage Ruling

Burns & Levinson LLP on 7/1/2015

With the announcement of last week’s Supreme Court decision, proponents of same sex marriage rejoiced and Facebook became much more colorful. After a weekend of celebrating the new-found rights of my gay and lesbian friends,...more

The Same-Sex Marriage Ruling: Key Employee Benefits Take-Aways

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2015

Last Friday, the Supreme Court of the United States issued its highly-anticipated decision in the case of Obergefell v. Hodges, ruling that all 50 states must license marriages between two people of the same sex and must...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/29/2015

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

U.S. Supreme Court Recognizes Fundamental Right To Same-Sex Marriage Nationwide: Impact of the Decision on Employers

Seyfarth Shaw LLP on 6/29/2015

In a landmark decision, the U.S. Supreme Court recognized a fundamental right for same-sex couples to marry throughout the country. In a 5-4 opinion authored by Justice Anthony Kennedy, the Court held that the Due Process...more

Supreme Court Strikes Down Same-Sex Marriage Bans

Burr & Forman on 6/29/2015

In a landmark decision, the U.S. Supreme Court held that the Fourteenth Amendment requires states to license marriages between two people of the same sex and to recognize same sex marriages that were validly licensed in...more

BREAKING: Same-Sex Marriage Is The Law Of The Land, SCOTUS Says

Constangy, Brooks, Smith & Prophete, LLP on 6/26/2015

The decision in Obergefell v. Hodges, hot off the press, is 103 pages long, but here it is. Some instant analysis: *The due process and Equal Protection clauses of the 14th Amendment to the U.S. Constitution compel...more

U.S. Judge Strikes Down Same-Sex Marriage Ban in Pennsylvania

Ballard Spahr LLP on 5/21/2014

Today, a U.S. District Court in Pennsylvania nullified Pennsylvania’s Marriage Laws, holding that they violate the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. If the ruling stands...more

Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban

McNees Wallace & Nurick LLC on 5/21/2014

Earlier today, Harrisburg-based Federal District Court Judge John E. Jones, III, struck down Pennsylvania's ban on same-sex marriage. In this landmark ruling, Jones concluded that "same-sex couples who seek to marry in...more

Texas Ban on Same-Sex Marriage Determined Unconstitutional

Winstead PC on 2/28/2014

The State of Texas is the latest jurisdiction under scrutiny for its ban on same-sex marriage. On Wednesday, February 26, 2014, U.S. District Judge Orlando Garcia ruled that the state law banning same-sex marriage results in...more

The Impact of the Supreme Court’s DOMA Decision on Employee Benefit Plans — Some Certainty, Many Unanswered Questions

Mintz - Employment, Labor & Benefits... on 7/5/2013

The regulation of marriage was historically presumed to be the exclusive domain of the states. Since 1996, however, the Defense of Marriage Act of 1996 (“DOMA”) changed this presumption in two important respects...more

Implications Of Same-Sex Marriage Decisions By U.S. Supreme Court For Employer-Sponsored Health And Welfare Benefit Plans

Perkins Coie on 7/4/2013

Two controversial cases involving same-sex marriage were decided on June 26, 2013 by the United States Supreme Court. ...more

United States v. Windsor: Tax Issues

Burns & Levinson LLP on 7/3/2013

Although the decision of the United States Supreme Court in United States v. Windsor invalidating much of the Defense of Marriage Act (DOMA) affects at most approximately 20% of the population of the United States, it has...more

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Same-Sex Marriage › Supreme Court of the United States › Due Process

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