• Defense of Marriage Act Decision-Potential Impact on Employers
  • April 5, 2013 | Author: Lisa A. Zaccardelli
  • Law Firm: Hinckley, Allen & Snyder LLP - Hartford Office
  • On March 27, the Supreme Court heard oral arguments in U.S. v. Windsor, a case challenging the constitutionality of the federal Defense of Marriage Act ("DOMA"). The issue under consideration is Section 3 of DOMA, which defines "marriage" as a legal union between a man and a woman, and a "spouse" as a person married to someone of the opposite sex. The Court will likely rule on the constitutionality of Section 3 in June. How the Court decides the issue could have immediate and important impacts on a broad range of federal laws to which marital status is relevant, including employee benefits plans, the tax treatment of such plans, and employee workplace protection laws.