What is the Supreme Court’s holding in Obergefell v. Hodges?

LB: The U.S. Supreme Court ruled that all states must license a marriage between two people of the same sex and all states must recognize a lawful same-sex marriage performed in another state.

What are some of the potential pitfalls for employers with self-insured health and welfare plans if they fail to provide coverage to same-sex spouses?

LB: Unlike fully insured plans, self-insured health and welfare plans are not subject to state insurance laws that would mandate equal coverage for same sex spouses if the employer offers spousal benefits. Neither ERISA, the Affordable Care Act nor any other federal law require an employer to provide spousal benefits coverage. Thus, employers with self-insured health and welfare plans who currently limit spousal coverage to opposite-sex spouses are not technically required to offer such coverage same-sex spouses.