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View Diary: Is Boeing poised to deny Washington married couples equal benefits? (71 comments)

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  •  Hypo: (1+ / 0-)
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    sfbob

    The contract explicitly imports Washington State's marriage law. What if a same sex surviving spouse bring suit in Federal court? The iron-clad strength of ERISA's preemption clause would seem to potentially cause a problem.

    This is above my pay grade (and beyond the research I've done), but I think it's a pretty good illustration of why DOMA is so outrageous.

    Ok, so I read the polls.

    by andgarden on Fri Nov 23, 2012 at 09:40:30 PM PST

    [ Parent ]

    •  Well (0+ / 0-)

      There are companies--including Boeing--that provide benefits to same-sex spouses and partners.

      If agreed to otherwise, pre-emption doesn't apply.  ERISA doesn't say that benefits cannot be provided to other than DOMA-defined spouses; but in the absence of a plan term providing otherwise, there is no requirement to provide the benefits.

      "Well, I'm sure I'd feel much worse if I weren't under such heavy sedation..."--David St. Hubbins

      by Old Left Good Left on Fri Nov 23, 2012 at 09:55:38 PM PST

      [ Parent ]

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