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On June 26, 2013, the U.S. Supreme Court ruled that a portion of the federal Defense of Marriage Act (DOMA) was unconstitutional. In states that recognize same sex marriages, same sex couples who are married will now get federal benefits. In states where same sex marriage is not recognized, however, it is not entirely clear what effect this ruling will have. Specifically, same sex couples who live in a state that does not allow same sex marriage but who go get married in a state that allows it may be entitled to some but not all federal benefits because some federal benefits are based on domicile (i.e. where the couple lives) while others are based on state of celebration (i.e. where the marriage took place).
So what does this mean for employers? Check out the Alerts section of the Laws tab in the HR Support Center.
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