Benefits lawyer: Same-sex marriage ruling could affect Georgia businesses – Atlanta Business Chronicle

Wednesday’s U.S. Supreme Court decision overturning a key provision of the federal Defense of Marriage Act will not affect Georgia’s law banning same-sex marriage.

But the 5-4 ruling put Georgia businesses on notice that they need to review their employee benefits plans, said Christina Broxterman, a shareholder in the Atlanta office of Ogletree, Deakins, Nash, Smoak & Stewart P.C.

“There’s nothing they said today that said same-sex marriage is a constitutional right,” said Broxterman, who works in her firm’s Employee Benefits Practice Group. “[But] all employers need to look at their benefit plans, how they define ‘spouses’ and ‘spousal benefits,’ and whether they need to change them in light of this decision.”

In declaring the Defense of Marriage Act unconstitutional, the court ruled that married same-sex couples are entitled to the same benefits under federal law as heterosexual married couples.

via Benefits lawyer: Same-sex marriage ruling could affect Georgia businesses – Atlanta Business Chronicle.