What does DOMA's demise mean for Minn. employers?


There will be paperwork.

That's the one certain thing that Minnesota businesses and their employees can expect with the state's new law allowing for same-sex marriage and Wednesday's Supreme Court decision striking down the Defense of Marriage Act.

"If we had not legalized same sex marriage in Minnesota then today's ruling would not have mattered, would not have had much impact on Twin Cities employers," Sarah Riskin, a Minneapolis labor and employment lawyer, tells the Minneapolis St. Paul/Business Journal.

Riskin also tells the Journal that employees will no longer have to pay taxes for same-sex spouses on health insurance plans, as is already the case for opposite-sex spouses.

Riskin also talks to MinnPost, which asserts that the the sweeping change will make Minnesota more attractive for recruiting and retaining talent. “If a good part of your employee population now has a better benefit situation in one state versus another, that’s a significant factor,” Risken tells MinnPost.

Meanwhile, KARE 11 looks at the same isue and comes up with a slightly different outlook.

Another Minneapolis lawyer tells the station that she spoke with the Minnesota Department of Revenue and they were unsure what the income tax implications for individuals, couples and businesses would be.

The lawyer speculates that "if you do offer coverage to a same sex couple, meaning specifically health coverage, then that coverage will not be tax free, we think, under both state and federal income taxes."

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