Of Interest: U.S. Supreme Court Finds Constitutional Support For Same-Sex Marriage

Note: Though the Supreme Court's decision in Obergefell v. Hodges (issued today) does not directly implicate an employment issue, the opinion represents a significant shift in U.S. culture and society, and therefore is likely of import to many employers. Thus, we share a summary of the opinion.

In a monumental decision, the United States Supreme Court ruled today that same-sex marriage is a fundamental right protected by the 14th Amendment of the United States Constitution. The laws of Michigan, Kentucky, Ohio and Tennessee defining marriage as a union between a man and a woman were upheld by the United States Court of Appeals for the Sixth Circuit but then struck down by the Supreme Court's decision. 

The Supreme Court's ruling ends decades of debate about whether states can ban same-sex marriage — they cannot any longer. Justice Anthony Kennedy's elaborate opinion, which is typical of his considerable rulings, winds its way through the history of marriage in this country and our nation's experiences with the rights of gays and lesbians, and ends with the conclusion that the constitutional promise of liberty for all citizens must include the right to marry whomever one chooses. While not directly implicating well-known employee rights, today's ruling ensures that all privileges and benefits that are afforded to married persons in the workplace must now be provided to employees with a same-sex spouse.

The Supreme Court's decision marks a fundamental change in our nation's idea of equality by providing additional rights for gays and lesbians, which mirrors the expansion of LGBT rights in the workplace. We will continue to watch the evolution of these rights and be prepared to provide advice on complying with myriad laws that affect our changing places of work.

With questions, please contact your Hinshaw employment attorney.