It was announced today 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
Stacy Barrow advises UBF clients on various topics around ERISA and the ACA. One of the nation’s leading experts on the Affordable Care Act, Stacy uses a practical, business-focused approach to counsel his clients on all matters related to employee benefit plans. Stacy also has extensive technical knowledge and experience designing and implementing health and welfare plans that meet the numerous and intricate requirements of applicable federal and state law.