Same-sex couples can continue enjoying company benefits just as opposite-sex couples do now that the Respect for Marriage Act is on track to be enacted. The legislation, intended to address fears that the U.S. Supreme Court might reverse its decision recognizing same-sex marriage, secured enough bipartisan support in a Senate vote on Nov. 16 to overcome the threat of a filibuster and head to the Senate floor for a majority vote. Every Senate Democrat and 12 Republicans voted to advance the measure.
"This legislation provides certainty, which is always helpful to employers and employees," said Sam Schwartz-Fenwick, an attorney with Seyfarth in Chicago. "Employers have already made policy and benefit plan changes to accommodate the legalization of same-sex marriage. After the concurrence by Justice [Clarence] Thomas in Dobbs, there was uncertainty as to whether these changes would remain the legal standard or whether the Supreme Court would reverse its prior ruling."
Concurrence
In Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, Thomas wrote in a concurrence that the court should reconsider Obergefell v. Hodges—the ruling that protects same-sex marriage.
Thomas argued that the Constitution's Due Process Clause does not secure a right to an abortion or any other rights, and he urged the court to apply that reasoning to other landmark cases. He contended that Obergefell, among other decisions, was "demonstrably erroneous" and that the court has "a...
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