EU high court rules same-sex couples entitled to same benefits as married couples

The extension of dependency benefits to same sex marriages won a boast from EU Court of Justice.  Today's post is shared from Jurist.org.

The EU Court of Justice [official website] ruled [press release, PDF] Thursday that in countries in which same-sex couples cannot legally marry, same-sex couples in a legal union are entitled to the same legal benefits as married couples. The case stemmed from an employment benefits issue in France that was appealed to the court before the country legalized same-sex  marriage [JURIST report] in May. The court ruled on the issue despite the country's legalization of same-sex marriage. It held that a union in which two partners commit to live together and provide for each other in a way that makes them legally bound to one another is analogous to a marriage agreement and, thus, makes the couple entitled to the same benefits as married couples when marriage is not an option to them. It also held that a collective bargaining agreement granting paid leave and a bonus to employees who marry was illegal because it discriminates against same-sex couples who cannot legally marry. The court also rejected all of the public interest reasons offered in support of the collective bargaining agreement, stating that none of them were sufficient to justify the discriminatory nature of the agreement. Same-sex marriage has been a controversial issue internationally. Earlier this week, Australia's high court struck down legislation [JURIST report] that legalized same-sex marriage because it conflicted with a 1961 law and could not override the...

[Click here to see the rest of this post]

Found on

New Jersey Supreme Court rules state must begin allowing same-sex marriages

Statutory dependency in workers' compensation claims will have an expanded meaning on Monday when same-sex marriages are allowed beginning on Monday in New Jersey. Today's post is shared from jurist.org.

The New Jersey Supreme Court [official website] on Friday ruled [text, PDF] that the state must begin recognizing same-sex marriages. The court declined to issue a stay on a lower court's decision [text, PDF] pending appeal. The lower court ruling found that, in light of US v. Windsor [SCOTUSBlog backgrounder; JURIST report], the status of civil unions deprive same-sex couples of federal benefits enjoyed by married couples. That ruling was challenged [JURIST report] by Governor Chris Christie [official website], who has argued recognition should be delayed pending a statewide referendum. Chief Justice Rabner rejected the state's claim that it will suffer irreparable harm if the order is allowed to be enforced, finding that no tangible harm can be found. The unanimous court held:

Because, among other reasons, the State has not shown a reasonable probability of success on the merits, the trial court's order directing State officials to permit same-sex couples, who are otherwise eligible, to enter into civil marriage starting on October 21, 2013 remains in effect. The lower court's ruling was allowed to stand, pending a hearing on the merits in January.

The heated debate regarding same-sex marriage [JURIST backgrounder] is one of the most polarizing [JURIST op-ed] issues currently facing the US legal community....

[Click here to see the rest of this post]



Found on

Related articles

• Judge Orders New Jersey to Allow Gay Marriage (workers-compensation.blogspot.com)
• Hearing set for N.J. SC nominee (workers-compensation.blogspot.com)
• Canada court allows disabled veteran class action to continue (workers-compensation.blogspot.com)
• Federal arbitration board orders FEMA to pay New Orleans Katrina responders (workers-compensation.blogspot.com)
• Supreme Court Rejects Tobacco Companies' Appeal of Florida Case (workers-compensation.blogspot.com)
• The Impact and Echoes of the Wal-Mart Discrimination Case (workers-compensation.blogspot.com)
• Exxon Mobil subsidiary charged for wastewater spill in Pennsylvania (workers-compensation.blogspot.com)

Judge Orders New Jersey to Allow Gay Marriage

Dependency benefits under the NJ workers' compensation system are going to expand. A New Jersey judge ruled on Friday that the state must allow same-sex couples to marry, saying that not doing so deprives them of rights that were guaranteed by the United States Supreme Court in June. It is the first time a court has struck down a state’s refusal to legalize same-sex marriage as a direct result of the Supreme Court ruling, and with lawsuits pending in other states, it could presage other successful challenges across the country. The decision was a rebuff to Gov. Chris Christie, a Republican who vetoed a bill passed by the Legislature last year that would have allowed same-sex couples to marry. His office said it would appeal to the state’s highest court. And he is likely to seek a stay preventing same-sex marriages from beginning on Oct. 21, as the judge ordered. New Jersey was particularly ripe for a challenge after the Supreme Court ruling, because of a previous ruling by the state’s highest court in 2006. In that decision, in the case Lewis v. Harris, the New Jersey Supreme Court ruled unanimously that same-sex couples were entitled to all of the rights and benefits of marriage. But the court stopped short of saying they had a fundamental right to marry, and in an unusual step instructed the Legislature to define how to confer equal protection. “The ineligibility of same-sex couples for federal benefits is currently harming same-sex couples in New Jersey in a wide range of contexts,” Judge Mary C. Jacobson of State...

[Click here to see the rest of this post]

Found on

Related articles

• Modern Families and Worker Protections (workers-compensation.blogspot.com)
• Employee Rights Hurt by Supreme Court Decisions (workers-compensation.blogspot.com)
• Why Overturning DOMA Is a Win for Employee Rights (workers-compensation.blogspot.com)
• The Impact and Echoes of the Wal-Mart Discrimination Case (workers-compensation.blogspot.com)
• US Supreme Court Asked to Review MSP Preemption Issue (workers-compensation.blogspot.com)
• Pending NJ Supreme Court Workers' Compensation Cases (workers-compensation.blogspot.com)

Modern Families and Worker Protections

The word "spouse" has a new legal definition following the US Supreme Court's recent decision in US v. Windsor (2013). Today's post was shared by US Dept. of Labor and comes from social.dol.gov

Until 1993, there was no law that protected workers from having to choose between their jobs and their health – or the welfare of family members who needed their care. The Family and Medical Leave Act changed that, by allowing covered employees to take up to 12 weeks of unpaid leave without getting fired. This law provided greater protection and flexibility to America’s workers, and the Wage and Hour Division has been proud to uphold it for the past 20 years.

But our agency doesn’t just enforce the law. We also provide guidance to employees and employers, to make sure they understand their rights and responsibilities. Earlier this week, the Wage and Hour Division made a few revisions to some of our guidance documents that reflect changes to our enforcement of the FMLA in light of the Supreme Court’s recent decision in United States v. Windsor.

These updates remove all references to the Defense of Marriage Act’s provisions that denied federal benefits to legally married, same-sex couples. In light of the Supreme Court’s decision U.S. v. Windsor, the updates clarify the definition of “spouse” for Title I of the FMLA, which applies to covered private-sector employers and any covered public agency. The updated documents can be viewed at these links:

These changes are not regulatory, and they do not fundamentally change the FMLA. They simply recognize that the Supreme Court’s Windsor decision expands the number of employees who...

[Click here to see the rest of this article]

Related articles

• The FMLA: 20 Years On and Keeping America's Families Strong (workers-compensation.blogspot.com)
• Why Overturning DOMA Is a Win for Employee Rights (workers-compensation.blogspot.com)
• How to protect gay workers (workers-compensation.blogspot.com)
• Pending NJ Supreme Court Workers' Compensation Cases (workers-compensation.blogspot.com)
• Protective Equipment for Workers in Hurricane Flood Response (workers-compensation.blogspot.com)