CALIFORNIA: Same-sex marriage on hold

Same-sex marriages in California won’t be happening anytime soon, as the U.S. Ninth Circuit Court of Appeals is scheduled to hear arguments over California’s Proposition 8 during the week of December 6, 2010. A federal district judge had ruled that Proposition 8, a voter-approved initiative that barred same-sex marriage effective November 5, 2008, violates the Constitution. The judge’s order overturning Proposition 8 is on hold until the Ninth Circuit makes a ruling (Perry v. Schwarzenegger, 9th Cir, August 16, 2010, order).

Tips: Same-sex marriages were lawfully performed in California during only a short window of time: June 16, 2008 through November 4, 2008. It remains to be seen how these marriages affect workplace rights. If an employee requests to enroll a same-sex spouse on a benefits plan, contact your benefits adviser for guidance. If the employee requests family leave to care for the spouse, you may request proof of the marriage, or proof of a registered domestic partnership.