Same-Sex Spouses and Domestic Partner Benefits

In 2015, the U.S. Supreme Court issued a significant decision relating to same-sex marriage rights that can have important implications for employee benefit plans. In Obergefell v. Hodges, the Supreme Court held that the due process and equal protection clauses of the 14th Amendment guarantee the right of same-sex couples to marry. Same-sex couples now have the right to marry in all states and there is no basis for any state to refuse to recognize a same-sex marriage performed in another state.1

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