On Tuesday the Supreme Court heard oral arguments in Hollingsworth v. Perry, the case addressing whether California’s Proposition 8 can constitutionally outlaw same-sex marriages once the state has already authorized them. On Wednesday, the Court will hear arguments in United States v. Windsor to consider the constitutionality of the Federal Defense of Marriage Act (DOMA), which defines “marriage” as a legal union between a man and a woman. Depending on how the Court ultimately rules on these issues, married same-sex couples could be entitled to a host of federal benefits and protections, including the ability to file joint federal tax returns, receive spousal benefits through Social Security, obtain employer-sponsored medical benefits tax-free, and receive protection under the spousal provisions of ERISA relating to qualified retirement plans. The following summarizes the first day of arguments on this pivotal issue. Continue reading this entry at Littler's Employee Benefits Counsel.

Photo credit: Ryerson Clark