According to Lawyers.com, “same-sex marriage is legal in 13 states and the District of Columbia. In these states, LGBT couples enjoy the same state employee benefits as heterosexual couples. Until recently, however, they lacked equal access to federal employment benefits. This all changed in June 2013, when the U.S. Supreme Court struck down Sec. 3 of the federal Defense of Marriage Act, which had defined marriage as exclusively between a man and a woman. Now, in states that recognize same-sex marriage, spouses are entitled to federal employment benefits as well…When a couple is married and resides in a state that recognizes same-sex marriage, extension of federal employment benefits to same-sex couples will be fairly straightforward. When the couple is not married and resides in a state that does not recognize same-sex marriage, state law preempts federal law and the same-sex spouse will not be eligible for federal employment benefits.”
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