Now that the U.S. Supreme Court has ruled that the federal Defense of Marriage Act’s refusal to recognize state same-sex marriages was unconstitutional, employers are scrambling to figure out how far they have to go in changing their employee benefit and leave policies.
WASHINGTON – In a ruling that will have an immediate effect on more than 1,000 federal laws and programs, the U.S. Supreme Court has struck down the Defense of Marriage Act, holding that the law prohibiting recognition of state-sanctioned same-sex marriages for federal purposes unconstitutionally violates equal protection principles.
The justices of the U.S. Supreme Court granted certiorari in a challenge to the federal law defining marriage as between a man and a woman, but also hinted that the case could be decided on procedural grounds without reaching the merits.
The Solicitor General is urging the U.S. Supreme Court to ignore the front of the line in the Defense of Marriage Act petitions for certiorari and instead agree to hear the last one filed.
The federal law defining marriage as a union between one man and one woman violates equal protection, the 2nd Circuit has ruled in affirming judgment.
The 2nd Circuit should strike down the Defense of Marriage Act as an unconstitutional violation of the equal protection rights of same-sex couples, a trio of state Attorneys General argues in a new brief.
WASHINGTON – House Republicans, who vowed last year to defend federal challenges to the constitutionality of the Defense of Marriage Act after the Justice Department announced it would no longer do so, have asked the U.S. Supreme Court to take up the issue.
The federal Defense of Marriage Act violates principles of equal protection and federalism under the U.S. Constitution, the 1st Circuit has ruled.
The 1st Circuit heard arguments last week in the legal challenge to the Defense of Marriage Act, a federal law that bars same-sex married couples from marital protections.
The plaintiffs in Gill v. Office of Personnel Management are state residents represented by Gay & Lesbian Advocates & Defenders. The plaintiffs allege they have been harmed by the federal government, which, under DOMA, has refused to recognize their marriages, meaning that they do not have access to Social Security protections, family health insurance policies or joint income tax filings.
The federal Defense of Marriage Act could not be enforced to deny a federal employee the right to have her same-sex spouse covered under her health insurance plan, a U.S. District Court in California has ruled in granting summary judgment.