Same-Sex Spousal Dependents for Health Insurance

I'm not naive enough to think that the definition of "spouse" has automatically been changed for everyone this morning.  But I will stand a little taller today knowing that gay married couples and those in same-sex unions will be afforded the same legal and economic protections as straight couples.

This morning, SCOTUS announced two important decisions involving gay rights.  First, it struck down the Defense of Marriage Act (DOMA).  In a 5-4 decision, the majority held section 3 of the 1996 law unconstitutional.  The decision reads:

DOMA violates basic due process and equal protection principles applicable to the federal government. Under DOMA same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways.

(http://www.supremecourt.gov/opinions/12pdf/12-144_8ok0.pdf.) 

For health care law, this means same-sex couples that are either married or in a civil union can, among many others, list their spouses or partners as dependents on their health insurance plans.

The Court also vacated the 9th Circuit's ruling on Proposition 8 and remanded the case to the District Court, effectively striking down California's same-sex marriage ban imposed by voter initiative.

San Francisco City Attorney Dennis Herrera has stated that there will be a 25-day waiting period for the losing side to petition for a rehearing. If the petition is not granted, or filed, by the end of that waiting period, gay marriage will be legal in California and county clerks can begin issuing marriage licenses to same-sex couples immediately.

Now get out there and celebrate!

(For a better understanding of standing, see this helpful article on ScotusBlog.)