May 22, 2022

Volume XII, Number 142

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May 20, 2022

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May 19, 2022

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U.S. Supreme Court to Decide Fate of Same-Sex Marriage Laws

It was announced on Janaury 16th  that the U.S. Supreme Court will consider two important questions relating to same-sex marriage–whether states are required to allow same-sex marriages within their jurisdictions, and whether states are required to recognize same-sex marriages performed in other states.  The decisions are expected to be issued in June of this year.

If the Court were to rule that states cannot prohibit same-sex marriage, there could be significant implications for some employee benefit plan sponsors.  For example, sponsors of insured health plans in states that currently ban same-sex marriage may be required to provide health coverage to same-sex spouses.  In addition, for sponsors of self-insured health plans that exclude same-sex spouses, there may be a heightened risk of liability under federal and state discrimination laws.

Stay tuned …

© 2022 Proskauer Rose LLP. National Law Review, Volume V, Number 17
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About this Author

Roberta K Chevlowe, Labor, Employment, Attorney, Proskauer, Law Firm
Senior Counsel

Roberta Karen Chevlowe, a Senior Counsel in the Labor & Employment Law Department, practices in the field of employee benefits law. Roberta counsels employers and other benefit plan sponsors with regard to a broad spectrum of issues relating to the establishment, administration and continued legal compliance of all types of employee benefit plans. She advises clients regularly with regard to ERISA’s reporting and disclosure requirements and fiduciary duty provisions; health care reform compliance; COBRA administration; plan qualification issues arising under the Internal Revenue Code;...

212-969-3949
Stacy H Barrow, Proskauer Rose Law Firm, Labor Employment Attorney
Associate

Stacy H. Barrow is an Associate in the Labor & Employment Law Department and a member of the Employee Benefits, Executive Compensation and ERISA Litigation Practice Center and the Health Care Reform Task Force, resident in the Boston office.

617-526-9648
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