News

Supreme Court Legalizes Same-Sex Marriage Nationwide

Posted 06.29.15

As reported by the New York Times, on June 26, 2015, in a landmark decision, the Supreme Court ruled 5-4 that the U.S. Constitution guarantees same-sex couples the right to marry.

This case, Obergefell v. Hodges, involved challenges to same-sex marriage bans from four states—Ohio, Tennessee, Michigan and Kentucky. Even though the Supreme Court’s decision involves these four states, the ruling affects same-sex marriage laws in every state.

The Supreme Court’s ruling means that same-sex couples have the right to be married in their own states and to have their marriages recognized as valid in every other state. The ruling is effective immediately, which means all states must start (or continue) issuing marriage licenses to same-sex couples on the same terms as opposite-sex couples.

Up until two years ago, the federal Defense of Marriage Act (DOMA) banned federal recognition of same-sex marriages by solely defining “marriage” as the legal union between one man and one woman as husband and wife. However, on June 26, 2013, the Supreme Court struck down a key part of DOMA, ruling that the law’s definition of “marriage” violated the U.S. Constitution. As a result of the Supreme Court’s DOMA ruling, legally married same-sex couples are entitled to the same benefits and protections under federal law as opposite-sex married couples.

By ruling that state laws prohibiting same-sex marriage are unconstitutional, the Supreme Court has effectively legalized same-sex marriage in all 50 states. Same-sex couples will be allowed to marry in any state, and will be entitled to the all the rights, benefits and obligations given to opposite-sex spouses under both federal and state law. Employers will generally be required to treat employees in same-sex marriages the same as employees in opposite-sex marriages for many federal and state law purposes.

Contact your NEEBCo representative to discuss the impact of this decision to your employee benefits.

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