AttorneysEd Center

Todd Solomon, a partner at McDermott Will & Emery LLP, and a frequent speaker on employee benefits issues resulting from domestic partnerships and same-sex marriages, discusses the latest legal developments impacting employee benefits for same-sex couples. Topics include: • a survey of the current state of the law relating to the recognition of same-sex marriage (domestic partnerships, reciprocal beneficiaries, civil unions, same-sex marriage) • the recent trend of states reversing course on the recognition of same-sex marriage (California Proposition 8, Maryland) • the status of legal challenges to the federal Defense of Marriage Act and California Proposition 8 • the new Human Rights Campaign Corporate Equality Index and the impact on benefit plans • the recent changes of the Pension Protection Act and the impact on same-sex couples • the status of legal proposals relating to domestic partner benefits taxation and discrimination on the basis of sexual orientation.

Federal court judges with their lifetime appointments, can be a president’s more enduring legacy. Some experts are predicting that within one term, President Obama could get Democratic majorities on nine of the 13 appeals courts. While one can expect new judges to side with workers, consumers, women and people of color, can one expect them to understand – and come down on the side of -- LGBT equality? On the Supreme Court, four justices are older than 70, and more retirements are expected, and seven justices were appointed by Republicans; how will Sonia Sotomayor balance out the power where justices often divide 5-4 on ideologically charged issues?

With a constitutional scholar as the new President, key leaders of major LGBT advocacy organizations share how they, and their groups, are working to achieve equality and to identify critical legal issues that will arise over the next four years to achieve equality for the LGBT community.

Now with marriage in the heartland and throughout New England, the broad impact of federal discrimination against same sex couples is finally being felt. Litigation strategies focusing on Section 3 of the Defense of Marriage Act may provide much needed relief. With recent filings in the Boies/Olson suit and the Commonwealth of Massachusetts challenging DOMA on 10th Amendment grounds, Federal courts are becoming central to the marriage issue.

On April 3, 2009, Iowa became the third state to legalize same-sex marriage. On the day before, Vermont passed same-sex marriage legislation, although the governor has indicated an intent to veto the bill. In addition, the California Supreme Court will soon rule on the validity of California's Proposition 8, which was approved by voters in November 2008. While opponents of Proposition 8 argue that it was an unconstitutional revision of the fundamental principles of equality built into the California constitution, and supporters of Proposition 8 argue that the people have spoken, it is the California Supreme Court that ultimately will decide the fate of Proposition 8, and a decision is due any day now. Join us for this important new program in which Todd Solomon, a partner at McDermott Will & Emery LLP, discusses what these recent events will mean for domestic partnerships and same-sex married couples and how the decisions will impact employee benefit plans. Topics include: 1.

Todd Solomon, a partner at McDermott Will & Emery LLP who literally wrote the book on the subject, discusses the impact of same-sex marriages and domestic partnerships on employee benefit plans. Topics include: (1) a summary of Massachusetts, California and Connecticut same-sex marriage rulings; (2) a summary of state constitutional amendments and “Mini-DOMA” Laws; (3) the impacts on employee benefit plans, including health plans, pension plans and 401(K) plans, non-ERISA programs, and taxation issues; and (4) steps employers should take to prepare for benefit requests from same-sex couples.