In the first two weeks of May, three more states — Rhode Island, Delaware and Minnesota — have passed bills allowing same-sex marriage. Rhode Island’s governor, Lincoln Chafee, signed a same-sex marriage bill on May 2, 2013. Delaware’s bill was signed on May 7, 2013, by Governor Jack Markell. And Minnesota’s governor, Mark Dayton, signed his state’s same-sex marriage legislation on May 14, 2013.
We suspect that insurance contracts issued or delivered in these three states will be required to treat same-sex spouses as “spouses.” Self-insured plans, however, are not subject to these state laws, and as a result, are not required to recognize same-sex spouses.
Rhode Island
Rhode Island’s same-sex marriage law takes effect on August 1, 2013. Any person who is recognized as a spouse under Rhode Island law cannot be denied benefits that are available to spouses under Rhode Island law. If two persons in Rhode Island have a legal union other than a marriage and the union was validly entered into in another state, then the parties to that union will be granted the same rights, benefits and responsibilities as married people in Rhode Island.
On or after August 1, 2013, two people who have entered into a civil union in Rhode Island may apply for and be issued a marriage license. After the solemnization of their marriage and the filing of the license and certificate of marriage with the town clerk, their civil union will be merged into the marriage by operation of law as of the date of the recording of the marriage certificate.
Governor Lincoln Chafee noted, in a column in the New York Times, that economic considerations played a large role in his decision to sign the same-sex marriage legislation, citing the need to attract young, open-minded individuals involved in the new digital economy to Rhode Island.
Delaware
Delaware’s same-sex marriage legislation takes effect on July 1, 2013. All laws of Delaware applicable to marriage or married spouses or the children of married spouses will apply equally to same-gender and different-gender married couples.
Any persons who are parties to a legal union other than marriage that was established in another state will be subject to the same rights, benefits and responsibilities as married spouses if their legal union was validly entered into in another state or jurisdiction.
Delaware will not issue any civil union licenses on or after July 1, 2013. The parties to a civil union may apply to the clerk of the court in the county in which their civil union license was issued for a marriage license. On July 1, 2014, the parties to a civil union that has not been converted to a marriage will be deemed married unless a proceeding for dissolution, annulment or legal separation is pending.
Delaware’s statute also provides an exemption for any clergyperson or minister from performing same-sex marriages. If the clergyperson or minister fails or refuses for any reason to solemnize a marriage, he or she will not be subject to a fine or other penalty.
Minnesota
Minnesota’s same-sex marriage bill will take effect August 1, 2013. Minnesota’s legislation, as does Rhode Island’s and Delaware’s, exempts ordained clergy from having to solemnize a same-sex marriage.
Minnesota’s law includes a unique provision allowing same-sex spouses who are married in Minnesota, but no longer reside in the state, to obtain a dissolution of their marriage from a Minnesota court. The provision presumes that if a state does not recognize same-sex marriage, it will not hear an action for dissolution of the marriage.
During 2012, Minnesotans debated an amendment to the state constitution that would have defined marriage as between a man and a woman. In November, 2012, Minnesotans rejected the amendment and sent majorities of Democrats to both chambers of the state legislature. This year, the legislature, now under Democratic control, legalized same-sex marriage.