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ARTICLE · 31 JULY 2013

Considerations For US Employers Post-DOMA

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When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of "spouse" and "marriage," and, in so doing, altered employer obligations with respect to same-sex marriages.

United StatesEmployment and HR
Karin Johnson
Karin Johnson
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When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of "spouse" and "marriage," and, in so doing, altered employer obligations with respect to same-sex marriages. Although the media coverage of this decision has understandably focused on other implications of the decision, it inevitably creates new challenges for employers. In this post, we will provide insight into how the decision will affect employers moving forward and provide suggestions as to how employers can best prepare in the face of new areas of uncertainty created by this decision. 

The Windsor Decision 

Section 3 of the Defense of Marriage Act ("DOMA") defined the terms "marriage" and "spouse," as used in federal law and regulations, to exclude same-sex unions. This section was challenged in a suit brought by Edith Windsor seeking a refund of federal estate taxes she was required to pay following the death of her wife. The couple had been

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