Same-Sex Marriage Bans Ruled Unconstitutional in Colorado, Indiana, Virginia: Employment Law Manual Updated

Authors: Melissa Burdorf, Tracy Morley and Rena Pirsos, XpertHR Legal Editors

Courts in Colorado, Indiana and Virginia have held that state laws banning same-sex marriage are unconstitutional. However, same-sex couples in these states currently cannot get married. Employers in these states should stay abreast of this issue as it evolves.

On July 9, a state court in Colorado ruled that the state's ban on same-sex marriage is unconstitutional, and county clerks began issuing marriage licenses to same-sex couples. Later that month, the Colorado Supreme Court stayed the decision, preventing any further licenses from being issued.

On June 25, a federal district court in Indiana ruled that the state's law banning same-sex marriage is unconstitutional. Indiana counties subsequently began issuing marriage licenses to same-sex couples. On June 27, the 7th Circuit Court of Appeals stayed the district court's decision. The state is not recognizing the marriages that took place in the two days before the 7th Circuit issued the stay.

On February 13, a federal district court in Virginia ruled that the state's law banning same-sex marriage is unconstitutional, but immediately stayed the decision. On July 28, the 4th Circuit Court of Appeals affirmed the district court's decision. As of July 29, Virginia counties are not issuing marriage licenses to same-sex couples, and it is anticipated that the state will either seek rehearing from the appellate court or appeal to the US Supreme Court.

In light of these developments, the following sections of the Employment Law Manual have been updated: