13799015_sFlorida has become the latest state to recognize gay marriage.  Same-sex marriages have started after the judge who recently struck down Florida’s gay marriage ban clarified that his order applied to all  couples, not just the plaintiffs in the lawsuit.  As we noted when US v Windsor  invalidated the Defense of Marriage Act, employers would need to review FMLA policies and benefit policies, including healthcare plan documents and handbook provisions that may define spouse.

The dominoes have really been falling on state laws banning same-sex marriage as same-sex marriage is now legal in 36 of the 50 states.  We understand that it may be difficult to keep up, but thought it might be easier to give you a list of states where same-sex marriage is not legal since that list is shorter.

The states still prohibiting same-sex marriage are:

  • Alabama
  • Arkansas
  • Georgia
  • Kentucky
  • Louisiana
  • Michigan
  • Mississippi
  • Missouri
  • Nebraska
  • North Dakota
  • Ohio
  • South Dakota
  • Tennessee
  • Texas

For those of you in the other 36 states here’s another friendly nudge to review your policies