On June 26, 2013, the U.S. Supreme Court issued its decision in United States v. Windsor, invalidating Section 3 of the Defense of Marriage Act (DOMA). In the year following the decision, its implications for employee benefit programs are becoming more clear. Fraser Trebilcock attorney Brian Gallagher recently spoke about these implications as the employee benefits panelist for a Thompson Reuters webcast on the current state of the law.
Tag: DOMA
United States v. Windsor: Implications for Employee Benefits
On June 26, 2013, the United States Supreme Court issued one of its most highly anticipated decisions in United States v. Windsor.[1] In that opinion, the Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional because it violates the Fifth Amendment’s guarantee of equal protection.[2] Section 3 had limited the terms “marriage” and “spouse” to opposite-sex couples for purposes of all federal laws.[3] As a result, same-sex marriages that are valid under state law now must also be recognized for federal law purposes.
While on the surface this appears to be a primarily social issue, the Windsor decision will also have major implications for the operation of employee benefit plans, as they are principally governed by the Code and the Employee Retirement Income Security Act (ERISA), both federal laws.
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Defense of Marriage Act: What Today’s Supreme Court Ruling Means for Michigan
Expect to see renewed passion on both sides of the same-sex marriage debate in Michigan, following Wednesday’s U.S. Supreme Court decisions to strike down the federal Defense of Marriage Act (DOMA), and to allow same-sex marriage in California.
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DOMA Ruled Unconstitutional
This morning, in United States v. Windsor, the United States Supreme Court ruled that the Defense of Marriage Act (also known as “DOMA”) is unconstitutional because it violates the 5th Amendment’s guarantee of equal protection. Therefore, same-sex marriages that are valid under state law will be recognized for purposes of federal laws.
Supreme Court Ruling: Defense of Marriage Act
Holding: In a 5-4 decision, the Supreme Court held that DOMA is unconstitutional, and same sex couples who are legally married are entitled to equal treatment under federal law. The ruling means that the federal government must recognize gay marriages deemed legal in 12 states and the District of Columbia.
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