On June 26, 2015, the United States Supreme Court (“Court”) issued its long-awaited opinion in Obergefell v. Hodges, ruling in a 5-4 vote that the Fourteenth Amendment to the United States Constitution generally requires states to license a marriage between two people of the same sex, thus completing the march toward recognition of same-sex marriage the Court initiated two years ago in US v. Windsor. Specifically, in Obergefell, the Court held that the Fourteenth Amendment requires a state to not only license the marriage of same-sex couples but also to recognize a same-sex marriage when the marriage was lawfully licensed and performed outside of the state. The ruling means that state laws that limited marriage to opposite-sex couples are invalid.
We comment below on the key issues for employers to review in determining whether changes are needed to their employee benefit plans and tax and payroll practices.
The Supreme Court Decision
As noted above, the Court held that the Fourteenth Amendment requires a state to license the marriage of same-sex couples and to recognize a same-sex marriage when the marriage was lawfully licensed and performed outside of the state. Justice Kennedy wrote the Court’s opinion, and he was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan. Chief Justice Roberts and Justices Scalia, Thomas, and Alito dissented.
Justice Kennedy wrote that, in recent years, the public’s view of same-sex couples has shifted to one of “greater tolerance.” He noted that the right to marry is, in accordance with longstanding views of the Court, protected by the Constitution, and that such right is a fundamental right in the liberty of a person. He wrote that, as such, under the Fourteenth Amendment, same-sex couples may not be deprived of that right.
In a strong dissent, Chief Justice Roberts stated that, in accordance with the Constitution, whether same-sex couples should be able to marry should be determined by “the people acting through their elected representatives” rather than by the Court. The Chief Justice’s dissent was joined by Justices Scalia and Thomas.
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Contact Steven G. Cosby, MHSA, Group Health Insurance Broker and Agent with Cosby Insurance Group, with questions or to request more information and to schedule a healthcare plan evaluation, savings analysis or group plan solution for your company.
