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Employers Have Questions Now That Same-Sex Couples Can Marry

Now that a federal judge declared Indiana’s ban on gay marriage unconstitutional, employers are looking for answers to many questions.

Most employers offer health, retirement and leave benefits that cover or refer to spouses but same-sex partners aren’t included because they weren’t spouses till now.

Employers likely need to change language in their benefits plan documents, eliminating definitions of spouses that say “husband or wife” and instead define spouses as a person “to whom you are legally married in the state in which you reside,” or, something close to that

Employers that operate their own health benefits plans—called self-funded or self-insured plans—might still be allowed to deny health benefits to same-sex spouses.

It’s just one more thing that will probably have to be spelled out by the courts.