First the history lesson. The Defense of Marriage Act was enacted September 21, 1996, allowing states to refuse to recognize same-sex marriages granted under the laws of other states.
Section 3 of the Act was ruled unconstitutional in June, 2013 thereby allowing same-sex married couples to be recognized as "spouses" for purposes of federal laws, and allowing them to receive federal protections such as Social Security, health insurance and retirement savings. Essentially, same-sex couples who are legally married deserve equal rights to the benefits under Federal law that go to all other married couples.
If you have followed the DOMA case, you know by now that the ruling will have far-reaching implications. The recent ruling which mandates that all officially recognized marriages be treated equally under the law, has immediate legal ramifications for the 12 states that already allow same-sex marriages. Opponents of same-sex marriage are bracing themselves for a wave of legal challenges in the states that do not recognize marriages of gay and lesbian couples.
What does all of this mean for Human Resources and Texas employers? Well, here in Texas marriage is defined as the "relationship between a man and a woman." While the Supreme Court removed the federal definition of marriage, it left it to the states to decide whether to honor other states' laws on the matter. This does not mean that Texas is required to legalize same-sex marriage. Texas Family Code 6.204 states same-sex marriages performed in other states are void in Texas. For Texas, there isn't a huge impact immediately. However, employers should revisit the definition of "spouse" in their benefit plans to ensure that the definition is consistent with the employer's intent, in light of the Windsor decision. With regard to qualified pensions, plan language and procedures will need to be considered because same-sex spouses have additional rights to federally protected benefits.
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