1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?The outcome could affect a number of employment issues. For example, if the Court recognizes a right to SSM, the same-sex spouses would presumably be entitled to FMLA leave; benefits plan provisions applying to spouses would include these new marriages; the IRS would treat same-sex spouses the same as opposite-sex spouses, etc.
You can read further analysis of the upcoming SCOTUS cases as SCOTUSblog.
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