California employers must stay on top of developments in the law that may affect workplace policies, particularly those related to benefits eligibility and nondiscrimination. Although same-sex marriage has been recognized nationwide for nearly a decade, the U.S. Supreme Court is being asked to revisit this issue. The likelihood of change is uncertain, but employers should understand the current landscape and what is at stake.

The Foundation: Obergefell v. Hodges

In 2015, the U.S. Supreme Court decided Obergefell v. Hodges, holding that the Fourteenth Amendment guarantees same-sex couples the right to marry. The decision required all states to both issue and recognize same-sex marriages, establishing nationwide marriage equality. This ruling has since guided workplace practices across the country, ensuring that employers must treat same-sex spouses the same as opposite-sex spouses when it comes to health benefits, family leave, and other spousal-related rights.

California’s Legal Protections

As usual, California has long been ahead of the curve in this area. Same-sex marriage became legal in the state in 2013, following years of litigation around Proposition 8. More recently, in 2024, California voters approved Proposition 3, which amended the state constitution to declare marriage a fundamental right for all couples. These state-level protections mean that regardless of federal developments, same-sex marriage remains firmly safeguarded in California.

A New Petition Before the Supreme Court

The current uncertainty arises from a petition filed in July 2025 by Kim Davis, the former Kentucky clerk who gained national attention for refusing to issue marriage licenses to same-sex couples. Davis is asking the Supreme Court to revisit Obergefell, arguing that the decision violated her First Amendment rights and calling it a “legal fiction.” If the Court were to grant review and ultimately overturn Obergefell, states could once again decide for themselves whether to permit or prohibit same-sex marriage. However, the 2022 federal “Respect for Marriage Act” would continue to require states to recognize marriages legally performed elsewhere.

Will the Court Reopen the Debate?

Most legal experts doubt the Court will overturn Obergefell. The Davis petition is viewed as procedurally narrow, focusing more on her personal liability than on the merits of marriage equality itself. Moreover, undoing a decade of settled law would create enormous legal uncertainty for families and employers alike (although this Court certainly has done so in other contexts). The Court will decide later this year whether it will take up the case, leaving many of us wondering where the justices may be headed.

Implications for Employers

For California employers with no out-of-state operations, the practical impact of any change in the Obergefell decision will be irrelevant: same-sex marriage is recognized under both state and federal law, and employees’ spouses must be treated equally for all workplace purposes. This protection covers benefit administration, leave policies, and nondiscrimination practices. Even if the Supreme Court were to revisit Obergefell, California’s constitutional protections and the federal “Respect for Marriage Act” provide strong safeguards that ensure same-sex marriages remain valid in this state.

That said, employers should remain attentive. A decision by the Court to hear the Davis petition—even if it ultimately leaves Obergefell intact—could reignite public debate and employee concerns. Proactive communication, a review of workplace policies, and a reaffirmation of an organization’s commitment to equality may help maintain trust and compliance during a period of uncertainty.

Conclusion

Same-sex marriage remains firmly protected today, and California employers’ obligations have not changed. Still, the Supreme Court’s decision on whether to take up the Davis petition is a reminder of how quickly the legal landscape can shift. By staying informed and prepared, employers can ensure their workplaces remain compliant, inclusive, and aligned with both legal requirements and organizational values.

About Shaw Law Group 

At Shaw Law Group, we do more than practice employment law—we partner with employers to build compliant, respectful, and productive workplaces. From day-to-day advice and counsel to impartial workplace investigations, proactive HR audits, dynamic training programs, and sensitive pre-litigation matters, our experienced team helps clients stay ahead of the curve—and out of court.