Municipal Activism V Federal Law: Why ERISA Preempts San Francisco-Style Domestic Partner Ordinances

39 Pages Posted: 18 Jan 2018

Date Written: 1998

Abstract

This article addresses the conflict between ERISA and municipal attempts to require companies to provide the same benefits to domestic partners that they do to married spouses. The article focuses particularly on San Francisco’s Domestic Partner Ordinance that took effect on June 1, 1997. It asks whether ERISA preempts ordinances like San Francisco’s and renders them unenforceable.

Keywords: law, ERISA, domestic partner, preemption, municipal ordinance, municipal

Suggested Citation

Brauch, Jeffrey A., Municipal Activism V Federal Law: Why ERISA Preempts San Francisco-Style Domestic Partner Ordinances (1998). Seton Hall Law Review, Vol. 28, No. 3, 1998, Available at SSRN: https://ssrn.com/abstract=3100560

Jeffrey A. Brauch (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

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