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Just this past week, a federal court in Louisiana ruled that that state's ban on same-sex marriages was constitutional, breaking a trend set by 20 other courts that had ruled state bans unconstitutional.
Though that decision will now go before a circuit court for review, 32 states both for and against have already petitioned the Supreme Court for a decision on the constitutionality of state same-sex marriage bans.
The Supreme Court doesn't convene again until October, but most observers expect the justices to take up the issue, especially if the Louisiana ruling is upheld upon review.
The confusion over state bans follows the high court's striking down section three of the federal Defense of Marriage Act (DOMA), which had defined marriage as between a man and a woman only. That ruling came in June 2013 in the case of United States v. Windsor.
The legality of same-sex marriage weighs heavily on the administration of benefits, so if you offer benefits at your place of business, please get a copy today of our DOMA Ruling Compliance Kit.
Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.
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