News & Analysis as of September 19, 2024

Same-Sex Marriage

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Colorado Rules Baker Cannot Refuse Service to Same-Sex Couples for Religious Reasons

Burr & Forman on 8/20/2015

In a post last week, I discussed how some believe Tennessee’s version of the Religious Freedom Restoration Act (“RFRA”) could allow Tennessee businesses to refuse service to same-sex couples despite a recent ruling that...more

That is SO last week - August 2015

Zelle LLP on 8/4/2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

The Equality Act: Federal Anti-LGBTQ Discrimination Law Introduced in Congress

Obermayer Rebmann Maxwell & Hippel LLP on 7/24/2015

Last month, in a historic case, the U.S. Supreme Court recognized that same-sex couples—like their heterosexual counterparts— have the constitutional right to marry. On the heels of this decision, federal agencies and...more

That is SO last week - July 2015 #3

Zelle LLP on 7/21/2015

There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more

The Supreme Court’s Same-Sex Marriage Ruling & Its Employment Implications

Kelley Drye & Warren LLP on 7/8/2015

Unless you’ve been living under a rock, you probably are well aware that on June 26, 2015, the U.S. Supreme Court ruled that same sex couples have a constitutional right to marry and have their marriages recognized across the...more

The Gay Marriage Decision: Support for Title VII Employment Discrimination Claims?

Orrick - Employment Law and Litigation on 7/8/2015

Following the excitement of the same-sex marriage decision by the U.S. Supreme Court on June 26th, the question remains how much the Opinion may impact Title VII employment discrimination claims. Based on our reading of the...more

What the Supreme Court’s Same-Sex Marriage Ruling Means for Employers

Bradley Arant Boult Cummings LLP on 6/30/2015

On Friday, the Supreme Court of the United States issued its long-awaited opinion in the Obergefell case, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state. We posted...more

SCOTUS Alert: Same-Sex Marriage is a Go, and ACA Stays Alive

Baker Donelson on 6/29/2015

Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more

First Glance: Same-Sex Marriage Equality Decision Raises Myriad Legal Questions

JD Supra Perspectives on 6/26/2015

First glance perspective of the historic same-sex marriage equality decision by the U.S. Supreme Court, by Brian Paul, business litigation partner in law firm FaegreBD’s Indianapolis office....more

A First Look at the Workplace Implications of Same-Sex Marriage Equality

JD Supra Perspectives on 6/26/2015

We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...more

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

Proskauer - Employee Benefits & Executive... on 6/26/2015

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Same-Sex Marriage Bans As Sex Discrimination: The potential impact on plan sponsors

Seyfarth Shaw LLP on 5/7/2015

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question: Counsel, I’m, I’m not sure it’s necessary to get into sexual orientation to resolve...more

The ERISA Litigation Newsletter - January 2014

Proskauer Rose LLP on 1/21/2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

Monthly Benefits Update - December 2013

Franczek P.C. on 1/7/2014

The following are the most significant employee benefits-related legal developments that occurred in December of 2013. At the beginning of 2013, after considering feedback from our clients and contacts who work in the...more

Labor And Employment Observer - 2013/2014

Cozen O'Connor on 1/7/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

The ERISA Litigation Newsletter; November 2013

Proskauer - Employee Benefits & Executive... on 11/22/2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

Immigration Alert: October 2013

Epstein Becker & Green on 10/30/2013

I. USCIS Instructs on Immigration Benefits for Same-Sex Spouses - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional....more

Employment Law -- Sep 12, 2013

Manatt, Phelps & Phillips, LLP on 9/12/2013

Federal Agencies Respond to Supreme Court’s DOMA Ruling - In the wake of the U.S. Supreme Court’s decision to strike down part of the Defense of Marriage Act (“DOMA”), federal agencies are starting to respond with new...more

Legal Alert: Fall of the DOMA-n Empire: Practical Employee Benefits Implications

Eversheds Sutherland (US) LLP on 7/2/2013

On June 26, the U.S. Supreme Court decided United States v. Windsor, striking down Section 3 of the federal Defense of Marriage Act (DOMA) as unconstitutional and holding that same-sex marriages recognized under state law...more

Employee Benefits Challenges After the Supreme Court’s DOMA Ruling

Akin Gump Strauss Hauer & Feld LLP on 7/1/2013

The ruling on Wednesday by the Supreme Court of the United States, that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, will immediately extend to legally married same-sex couples a host of federal...more

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

Butler Snow LLP on 6/29/2013

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

DOMA is Doomed as Windsor Expands Federal Employment Benefits and Protections to Married Same-Sex Couples

Cole Schotz on 6/28/2013

In a 5-4 decision, the United States Supreme Court struck down Section 3 of the Federal Defense of Marriage Act (“DOMA”) in its landmark decision, United States v. Windsor, 570 U.S. __ (2013). ...more

U.S. Supreme Court Ruling: Defense of Marriage Act ("DOMA")

Winstead PC on 6/28/2013

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

Supreme Court Decides the Fate of Same-Sex Marriages

Littler on 6/28/2013

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

Bennett Jones LLP on 6/28/2013

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

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