Legal Alert - Agencies Issue Guidance on Same-Sex Marriage Impacting Employee Benefits
September 09, 2013
By Nancy K. Campbell and Kevin J. Hogan
On June 26, 2013, the United States Supreme Court, in United States v. Windsor, held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional as a deprivation of the equal liberty of persons that is protected by the due process clause of the Fifth Amendment of the United States Constitution. Before it was struck down, Section 3 of DOMA had provided that for purposes of federal law, “marriage” means only a legal union between one man and one woman as husband and wife.
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