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

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  •  Actually (4+ / 0-)
    Recommended by:
    Scott Wooledge, ColoTim, sfbob, PeterHug

    I suppose there could be an interesting court case out of this if an employer wanted to not recognize WA marriages for benefit purposes and was sued by the WA equivalent of the EEOC. Clearly DOMA and ERISA don't prevent employers from making any provisions they want to provide for same-sex married couples or same-sex domestic couples.

    Could they be construed to pre-empt state non-discrimination laws in this regard? I'll leave that to the Con Law experts to sort out.

    •  It might be that they do, terrifyingly (0+ / 0-)

      I don't think a court will likely go for that, but. . .

      Ok, so I read the polls.

      by andgarden on Fri Nov 23, 2012 at 09:20:22 PM PST

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    •  At this point (3+ / 0-)
      Recommended by:
      ColoTim, sfbob, PeterHug

      if the benefit were an ERISA-covered benefit, the courts might well hold that Washington's non-discrimination law is pre-empted by ERISA.  However, a well-crafted complaint would probably also allege that DOMA is unconstitutional, and thus attempt to clear the way to apply Washington's definition of marriage to ERISA plans.

      "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 09:26:08 PM PST

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      •  Which might case aneurisms in the social (2+ / 0-)
        Recommended by:
        jayden, sfbob

        conservatives, as the fiscal consefvstives just try to save some money:  that whole bad cases make bad law thing.

        Situations like this are incredibly unfair to the people involved. But the corporations and political players just paint themselves into even tighter corners as time goes on. It really sucks being on the wrong side of history.

        My guess is that some very influential convervatives will tap the Boeing folks on the shoulder and tell them it's not worth putting all of DOMA in play for perhaps a few employees here and there in WA.

        © grover

        So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

        by grover on Sat Nov 24, 2012 at 02:18:15 AM PST

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