Recently, Rhode Island, Delaware and Minnesota have joined the 9 other states and the District of Colombia by recognizing same-sex marriage. Beginning August 1, 2013, individuals in Rhode Island and Minnesota will have access to marriage, regardless of gender. Beginning July 1, 2013, same-gender civil marriage were recognized in Delaware. Civil union partners in Delaware and Rhode Island may apply to have their relationships converted to marriage, and certain civil unions in effect in Delaware will be automatically converted to marital status.
The requirement for marriage is an important issue for benefits professionals. Since the federal Defense of Marriage Act (DOMA) has been held unconstitutional, in part, employers will have to recognize marriages of same-sex individuals entered into in their state, and while not required, may consider recognizing marriages entered into in other states.
This issue continues to receive attention at both the state and federal level.