Effects Of Same-Sex Marriage On Employee Benefits

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Effects Of Same-Sex Marriage On Employee Benefits

On May 15, 2008, the California Supreme Court held that same-sex

couples have the same right to be married as opposite-sex couples

under the California Constitution. Same-sex marriages began on June

15, 2008.1 In addition, Massachusetts and Connecticut

perform same-sex marriages, and the State of New York recognizes

marriages between same-sex couples that have taken place elsewhere.

The remaining states are divided between those with laws

prohibiting the recognition of same-sex marriages performed in

other states, and those which may recognize same-sex marriages

performed in other states. Although the California Supreme Court

decision is groundbreaking in many ways, existing California law

provided for equality for same-sex couples in many of the same

areas under domestic partnership laws. The California decision does

not require that employers offer any particular benefits; it does,

however, due to its conflict with the federal Defense of Marriage

Act ...

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