A First Look at Post-DOMA Case Law: Is Tobits Predictive of a Greater Extension of Benefits in Illinois

Summer 2013
Larry Smith and Britta Sahlstrom

In this article, Larry Smith and Britta Sahlstrom review a case that involves a same-sex couple and the awarding of benefits to a widowed spouse versus the deceased’s parents.

Since the court had chosen to look at Illinois law for guidance in the case, the article proceeds to define the status of same-sex marriage in Illinois, how the court interpreted Illinois’ law, what the future holds for employers in Illinois, and next steps for employers.

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