5/27/2009

Yesterday, the California Supreme Court upheld the November amendment to the state constitution—Prop 8—that prohibits same-sex marriage. The court did, however, rule that the 18,000+ same-sex marriages already performed in California will remain legally valid.

While individuals will either praise or denounce the decision depending on their personal views, for employers the court's decision may mostly lead to confusion about how to administer policies and benefits plans.

Prop 8 amended Article I of the California Constitution to state: "Only marriage between a man and a woman is valid or recognized in California." But, as noted above, same-sex couples married in California prior to November of last year remain legally married. Many others are in registered domestic partnerships.

The federal Defense of Marriage Act (DOMA), passed in 1996, holds that states are not required to recognize the same-sex marriages of people married in other states. So same-sex couples married in other states who move to California are not considered to be married here. It remains unclear what the legal status of couples married in other states who moved to California prior to the passage of Prop 8 will be, in the wake of the court's decision. What's more, President Obama has previously vowed to repeal DOMA, so the federal rules regarding same-sex marriages may be changing soon as well.

If you find all of this confusing, just remember that regardless of marital status, California provides the greatest level of protection to domestic partnerships of any state in the country. In California, employers are required to provide the same benefits to domestic partners as are offered to married couples. Moreover, employees are still protected from discrimination based on sexual orientation. This means that employers should inform all managers and supervisors that the Supreme Court's decision doesn't alter your non-discrimination policies in any way. Employers should also be aware that frequent or harassing statements praising the court's Prop 8 decision could lead to bias lawsuits if left unchecked.

We'll have more on legal developments affecting same-sex employees in upcoming issues of California Employer Advisor.

What's the Difference Between a "Domestic Partner" and a "Spouse"?

Same-sex marriage is all over the news these days, and nowhere more than in California. The California Supreme Court's Prop 8 decision, and recent challenges to the federal Defense of Marriage Act (DOMA) have muddied the waters even further. The result? Serious benefits-related confusion for California employers.

Join us on June 10 for an in-depth 90-minute audio conference—specifically for California employers—all about the best way to get a handle on how these ongoing legal developments affect your employer-sponsored health benefits and retirement plans. You'll learn:

• The current state of the law both in California and at the federal level, and what's required of you as an employer



• How California defines "domestic partner" and "spouse"



• The legal standing of same-sex marriages performed pre-Prop 8—and where the law appears to be heading next



• The effect current challenges to DOMA could have on your employee benefit plan administration



• The practical effect that state and local mandates have on your obligations to administer retirement plans in compliance with federal law



• How to provide health and welfare benefits to same-sex spouses and domestic partners



• Whether employees' same-sex spouses and domestic partners have COBRA and HIPAA rights



• How to determine the fair-market value of same-sex benefits for federal tax purposes

Register now »

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