January 2004 Bulletin, "Benefit Implications of the Massachusetts Court Ruling Allowing Same-Gender Marriage"

Abstract

The Massachusetts Supreme Judicial Court ruled late last year in Goodridge v. Department of Public Health that the exclusion of same-gender couples from civil marriage is unconstitutional under the equality and liberty provisions of the Massachusetts Constitution. The ruling will take effect May 17, 2004.

Before then, employers and other plan sponsors based in Massachusetts should carefully review their benefit offerings to determine whether and how to accommodate participants' same-gender spouses, and then clearly communicate these decisions to participants. Because there is no residency requirement to marry in Massachusetts, employers and plan sponsors that are not based in the State and/or do not cover any Massachusetts residents should also be prepared to answer questions about coverage from participants who after marrying someone of the same gender in Massachusetts are likely to expect that their same-gender spouses will receive the same benefits opportunities that are available to opposite-gender spouses.

This Bulletin discusses the impact the Court's decision may or may not have on insured and self-insured private sector and public sector plans. The effect of the 1996 federal Defense of Marriage Act (DOMA) is addressed.

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