Can we require proof of a same-sex marriage? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Can we require proof of a same-sex marriage?

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in Compensation and Benefits,Human Resources

Q. We received our first request for a same-sex spouse to be covered under our insurance. We’re fine doing this, as long as they are actually married. (We don’t cover domestic partners.) Can we ask for proof of marriage even if we don’t ask it from opposite-sex spouses? I’d like to create a policy that says if your last name is different than your spouse you wish to cover, we need proof of marriage. Is that legal? — Susie, Pennsylvania

A. A better policy would be one that you apply consistently to everyone, such as asking for proof of marriage from each of your existing employees as well as new hires. Simply because two people have the same last name doesn’t mean they are married. (It may sound silly, but siblings could fraudulently enroll under that rule.) And same-sex partners may choose to take one another’s last names, just as opposite sex partners may choose.

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