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BIA on DOMA, the INA and same-sex marriage: Matter of Zeleniak

Section 3 of the Defense of Marriage Act, Pub. L. No. 104 199, 110 Stat. 2419, 2419 (1996), is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration and Nationality Act if the marriage is valid under the laws of the State where it was celebrated. -...

News Excerpts From the Aug. 1, 2013, Bender’s Immigration Bulletin

Napolitano Resigns as Secretary of Homeland Security On July 12, 2013, Janet Napolitano announced her resignation as Secretary of Homeland Security, a position she has held since the start of the Obama administration. Napolitano will remain in her position until September, after which she will become...

News Excerpts From the Aug. 1, 2013, Bender’s Immigration Bulletin

Napolitano Resigns as Secretary of Homeland Security On July 12, 2013, Janet Napolitano announced her resignation as Secretary of Homeland Security, a position she has held since the start of the Obama administration. Napolitano will remain in her position until September, after which she will become...

USCIS Updates Same-Sex Marriage FAQ

"USCIS has published additional frequently asked questions based on the Supreme Court’s United States v. Windsor ruling, which invalidated part of the Defense of Marriage Act. This information is available on the USCIS website on the Same-Sex Marriages Web page within the Family section. We...

State Net Capitol Journal: What Supreme Court Decisions Could Mean For the States

By Lou Cannon The Supreme Court's momentous rulings last month on three issues shook up the country and the states. The court gave conservatives a victory on voting rights while moving the country in a liberal direction on marriage equality. Disappointing both sides, the court also kept affirmative...

DOL Guidance Clarifies FMLA Rights for Same-Sex Couples

It has been nearly two months since the U.S. Supreme Court nullified Section 3 of the Defense of Marriage Act ("DOMA"). Yet, the Administration has been largely silent on its interpretation of how the Supreme Court's decision affects the 1,100 plus federal laws that use the term "spouse...

U.S. Treasury Department Rules on Recognition of Same-Sex Marriage

by Jonathan M. Calpas , Edward I. Leeds , Brian M. Pinheiro , and Diane A. Thompson The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) yesterday ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage...

FMLA Now Covers Same-Sex Spouses (Sort Of)

Ever since the Supreme Court invalidated the Defense of Marriage Act in U.S. v. Windsor [ an enhanced version of this opinion is available to lexis.com subscribers ], there has been a lot of hand-wringing over what the decision actually means and its impact on our employment laws. Windsor held that DOMA’s...

IRS Revenue Ruling - IRS Recognizes Same-Sex Marriages Regardless of Domicile

The U.S. Department of the Treasury and the Internal Revenue Service have ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage, will be treated as married for federal tax purposes. The ruling applies even if the couple lives in a jurisdiction...

National Guards Defy Pentagon Directive on Benefits for Same-Sex Couples

The day after the Pentagon announced that the military would recognize same-sex marriages performed in states where they are legal as a result of the U.S. Supreme Court's June ruling on the issue, the Louisiana and Texas National Guards said they would refuse to process applications for benefits...

New Jersey Recognizes Same Sex Marriages - Why it Matters for Pennsylvania Employers

On Monday, New Jersey became the fourteenth state to allow same sex marriages .A trial court ordered that such marriages would begin on Monday. Governor Christie appealed to the state Supreme Court, but after a an adverse preliminary ruling he saw the writing on the wall. He withdrew his appeal. Why...

State Net Capitol Journal: Momentum Shift On Gay Marriage?

With Illinois Gov. Pat Quinn's (D) signing of SB 10 last week, his state became the 16th to legalize same-sex marriage. But that action may have marked a major turn in the battle over the issue. This year five states with Democrat-controlled legislatures — Delaware, Hawaii, Illinois, Minnesota...

State Net Capitol Journal Politics & Leadership: Abortion Restrictions Retreat While Gay Marriage Advances

NM VOTERS REJECT RESTRICTIVE ABORTION BAN: Thirteen states have passed "fetal pain" laws banning abortion after 22 weeks of pregnancy or earlier, spurred by the belief that 22 weeks is the point at which fetuses have developed the ability to feel pain. Last Tuesday, voters in Albuquerque, New...

Texas Federal Court Is Latest To Strike Down State Prohibitions On Same-Sex Marriage

On Wednesday, Feb. 26, U.S. District Judge Orlando L. Garcia of the Western District of Texas struck down the Texas ban on same-sex marriage. This ruling was the latest in a series of federal rulings handed down in the wake of the U.S. Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

Changes Ahead for FMLA Spouse Definition

The Department of Labor (DOL) will soon publish a Notice of Proposed Rulemaking regarding the definition of "spouse" under the Family and Medical Leave Act (FMLA). The new rule will enlarge the definition of spouse and likely simplify administration for employers. In August 2013, the DOL issued...

Has the Recent Same-Sex Marriage "Decision" Paved the Way for Increased Protection Against Sexual-Orientation Discrimination in Employment?

A few days ago, SCOTUS (the Supreme Court of the United Sates) surprised us some by deciding not to hear appeals from several states that sought to prohibit same-sex marriage. However, the non-ruling has been hailed as a historical and momentous event changing an untold number of lives. What happened...

Will SCOTUS Review Same-Sex Marriage Now?

You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans. At that time, every federal appellate court facing the issue — in addition to these three...

Sixth Circuit Upholds Same-Sex Marriage Bans

Ladies and gentlemen . . . we have a circuit split. Several federal court decisions have struck down same-sex marriage bans in states across our country. Yesterday, the Sixth Circuit Court of Appeals upheld same-sex marriage prohibition as constitutional. You can read the opinion here [ an enhanced version...

Federal Judge Says All Florida Clerks Have Duty to Issue Same-Sex Marriage Licenses

So, it's official. On Tuesday, January 6 at 12:01 a.m., gay marriage is legal in Florida (absent some intervention by the 11th Circuit or the Supremes). While Greenberg Traurig had previously advised the clerks not to issue the licenses, after the ruling by Judge Hinkle ruled that all Florida clerks...

New Department of Labor Regulations for Same-Sex "Spouse" Under FMLA

Tomorrow, the Department of Labor will publish a Final Rule to Revise the Definition of “Spouse” Under the FMLA (including links to additional information). Per the DOL, the "major features" are: • The Department has moved from a “state of residence” rule...

Marriage Equality and the FMLA

The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question...

FMLA’s “Same-Sex Spouse” Rule On Hold, For Now

Today, the new rule that would permit FMLA benefits for same-sex spouses was to take effect. However, late yesterday, a federal judge in Texas granted a preliminary injunction [pdf] temporarily halting the rule . The plaintiffs—the attorney generals of four states that do not recognize same...

Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases known as Obergefell v. Hodges [1] struck down every...

What Does SCOTUS Same-Sex Marriage Decision Mean for Employers?

Maybe not that much, depending on where you are and how “proactive” you’ve already been before now. Seriously, I don’t think Friday’s Supreme Court decision in Obergefell v. Hodges will be that big a deal for most employers [subscribers can access an enhanced version...