Supreme Court to Rule on Same-Sex Marriage: Employment Law Manual Updated

Authors: Melissa Burdorf and Tracy Morley, XpertHR Legal Editors

On January 16, the US Supreme Court agreed to hear an appeal of a 6th Circuit Court of Appeals decision upholding state bans on same-sex marriage. The Supreme Court is expected to issue a ruling by June.

Prior to the 6th Circuit's ruling, all of the other circuit courts to rule on the issue declared such bans unconstitutional. The 6th Circuit covers Kentucky, Michigan, Ohio and Tennessee. Depending on how the Supreme Court rules, same-sex couples' right to leave benefits under the Family and Medical Leave Act (FMLA) and to health care benefits could be affected in these and other states that do not currently permit same-sex marriage.

In light of this development, the following sections of the Employment Law Manual have been updated: