Wednesday, May 13, 2009

Law in Flux on Coverage for Same-Sex Couples

05/13/09 ADF Alliance Alert:

Law in Flux on Coverage for Same-Sex Couples
Norman H. Dachs and Jonathan A. Dachs, 5/12/2009 N.Y.L.J. 3, (col. 1) (2009)

(An excerpt is below. To view the full text, please use Westlaw, Lexis, a law library or alternative source.)

According to the federal government’s General Accounting Office (GAO), more than 1,100 rights and protections are conferred upon U.S. citizens upon marriage. Areas affected include Social Security benefits, veteran’s benefits, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, immigration law, and, of course, insurance coverage. One of the more interesting and significant questions that has recently arisen in the courts and legislatures across the country is whether same-sex couples can be legally married and thus entitled to those benefits presently available to opposite-sex couples. As will be seen, the answer to this question will undoubtedly have a significant impact on issues relating to insurance coverage for spouses and ‘resident relatives.’ Thus, it is important to understand the current state of the law on this important subject.

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