June 26, 2015
On June 26, 2015, the United States Supreme released its decision in Obergefell, et al. v. Hodges, Director, Ohio Dept. of Health, et al. The Court’s essential message is that state and local governments must permit same-sex couples to marry and must treat same-sex spouses the same as opposite-sex spouses.
Many proponents and opponents of same-sex marriage are passionate, and will continue to be so. Employers don’t have the luxury of endless debate. Employers have to deal with what is.
This decision has particular implications for public sector labor contracts, policy manuals, and fringe benefit plans – think health insurance, paid leave provisions, and nondiscrimination clauses. While it is advisable that specific eligibility rules for insurance plans are contained in the plans themselves, it is common to see references to “family insurance” or “spousal coverage” in labor contracts and personnel policies. Most contracts and personnel policies also provide employees paid leave for sickness or death of spouses. Most also contain nondiscrimination clauses based on age, race, sex, etc. It remains to be seen whether the labor unions will propose additional contract language to specifically recognize same-sex marriage. Some public employers have already moved in the direction. Many have not. Some will now decide to modify or remove problematic language, but not add affirmations. In any case, there is much to consider and do.
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