Defense of Marriage Act unconstitutional: Supreme Court

Business Insurance

The U.S. Supreme Court on Wednesday declared unconstitutional key provisions of the controversial 1996 law that prohibits federal recognition of same-sex marriages.
“The court's ruling doesn't by itself mandate employers to provide health benefits to same-sex couples,” said Bennett Pine, a New York-based shareholder at law firm Anderson Kill & Olick P.C.

However, absent DOMA's restrictive definition of terms such as “marriage” and “spouse,” employers that offer health and retirement benefits to opposite-sex married couples through plans governed by the Employee Retirement Income Security Act and other federal laws could be required to offer matching benefits to legally wed gay and lesbian couples, Mr. Pine said.

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Employment and Labor Law Attorney | Anderson Kill P.C.
Bennett Pine
New York | Newark

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