Federal Government Will Recognize Same-Sex Marriages in Michigan

U.S. Attorney General Eric Holder said today the federal government will recognize the roughly 300 same-sex marriages that took place in Michigan last Saturday, before a federal appeals court put those unions on hold.

“I have determined that the same-sex marriages performed last Saturday in Michigan will be recognized by the federal government,” said Holder in a statement. ” These families will be eligible for all relevant federal benefits on the same terms as other same-sex marriages. The Governor of Michigan has made clear that the marriages that took place on Saturday were lawful and valid when entered into, although Michigan will not extend state rights and benefits tied to these marriages pending further legal proceedings.  For purposes of federal law, as I announced in January with respect to similarly situated same-sex couples in Utah, these Michigan couples will not be asked to wait for further resolution in the courts before they may seek federal benefits to which they are entitled.”

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Michigan Will Not Recognize Same-Sex Marriages, Ban to Stay in Place Pending Appeal

The state of Michigan will not recognize the more than 300 same-sex marriages performed last weekend. Governor Rick Snyder’s announcement comes one day after an appeals court indefinitely stopped any additional same-sex marriages, while it reviews a decision that struck down a 2004 law that says marriage only is between a man and a woman.

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Judge Rules State’s Same-Sex Marriage Ban Unconstitutional

The recent decision by a federal court in Michigan in DeBoer v. Snyder could have major implications for your employee benefit plans.  The extent of the impact on a particular plan will depend upon the provisions of the plan—particularly how the term “spouse” is defined—as well as future litigation and regulatory developments.

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