The U.S. Supreme Court’s ruling in June declaring part of the Defense of Marriage Act of 1996 unconstitutional has left many employers confused as to whether they need to change their benefits policies for employees in same-sex partnerships.
The Court ruled in United States v. Windsor that Section 3 of DOMA is unconstitutional because it violates the due process clause of the Fifth Amendment to the U.S. Constitution, which prohibits denying any person the equal protection of the law.