STATE DOMAS AND PRIVATE BENEFITS: A poster at the Volokh Conspiracy
...There are good arguments against state DOMAs, but there are also very bad ones. This morning, for instance, I heard an argument (by a lawyer, no less) that state DOMAs were bad because they could be used to challenge the private provision of benefits to same-sex partners. Specifically, he claimed that passage of a state DOMA would facilitate a legal challenge to a private employer for extending the same health benefits to domestic partners that are extended to spouses under the company health plan. He also claimed that a hospital might be sued if it allowed spousal visitation rights to domestic partners. This struck me as highly dubious, so I decided to check out the language in question, and this confirmed my suspicions.
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posted by Eve at
3:48 AM | link
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