The decision by the U.S. Supreme Court to revoke a part of the Defense of Marriage Act is leaving many employers confused as to whether they need to change their benefits policies for employees belonging to a same-sex partnership.

The ruling makes it unconstitutional to deny federal benefits to employees who are part of a same-sex marriage. However, it does not make clear whether these benefits still apply if the member of the same-sex marriage works in a state where same-sex marriage is not recognized.

“You’re left with the dilemma of someone who marries in a state where it’s legal, and moves to another state," said Diane A. Thompson, a Ballard Spahr partner in Los Angeles. “If they’re working for same employer, what does the employer do?”

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