Same-Gender Marriage Developments Force Benefit Plan Sponsors to Reconcile Conflicting Messages

Federal and state courts, legislatures, and voters in the United States have recently weighed in on the debate surrounding the legal recognition of same-gender marriage. Unfortunately, those voices give employers a number of mixed messages with respect to how they should treat same-gender couples under their benefit plans. Canada and, most recently, Spain have joined the Commonwealth of Massachusetts in legalizing same-gender marriage; New York’s highest state court is considering whether to allow same-gender marriage; and Connecticut recently enacted a "civil union" law making it the fifth state to offer marital-like benefits to same-gender couples. In contrast, in the 2004 elections voters in all 13 states considering same-gender marriage approved constitutional amendments to ban it by specifically defining marriage as between one man and one woman. Last month, the U.S. Senate considered (but ultimately rejected) a proposal to amend the U.S. constitution.