E-Alerts

Iowa And Vermont Recognize Same-Gender Marriages

The Iowa Supreme Court and the Vermont Legislature have cleared the way for same-gender marriages to become legal in those states.  Such marriages are set to become legal in Iowa on April 24, 2009, and in Vermont on September 1, 2009.

Iowa 

In Iowa, this development resulted from a unanimous ruling of the Iowa Supreme Court that Iowa’s same-gender marriage ban violated the state constitution.  The ban had been contained in a statute limiting marriage to between a man and a woman.

When the decision becomes final later this month, Iowa will join Massachusetts,Connecticut, and Vermont as the only states to permit same-gender marriages. Iowa is the first mid-Western state to allow same-gender couples to marry.

Vermont

In Vermont, the legislature voted to override a veto by Governor Jim Douglas of legislation legalizing same-gender marriage.  Of the four states that allow such marriages, Vermont is the only state to do so by legislative vote.

Vermont’s legislature has been a pioneer regarding this issue.  In 2000, the Vermont legislature created the “civil union,” a legal status that conferred on same-gender couples the same basic rights and obligations that applied to traditional marriages, except for the right to actually marry.

Other States

In New Hampshire, the House of Representatives last month approved a bill to legalize same-gender marriages, and the Senate is expected to vote on it this month.  It has been reported that similar legislative campaigns are under way in the District of Columbia,Maine,New Jersey,New York, and Rhode Island.

Ramifications

These developments have significant ramifications for employers, especially those with employees in multiple states.  Generally speaking, because federal law does not recognize same-gender marriages, employees who enter into them in states that permit them become entitled to state spousal benefits but not federal spousal benefits.  This poses complex challenges for employers.  We provided a detailed discussion of this in a recent e-alert regarding similar developments in California and Connecticut.

We advise employers, especially multi-state employers, to monitor such developments regularly and to address them promptly and carefully.  This should help to ensure compliance with this complex and dynamic area of the law and to avoid discrimination claims.

Please contact us if you have questions about the Iowa and Vermont developments or if you need assistance in complying with the same-gender benefits laws in these or other states.