Municipal Activism V Federal Law: Why ERISA Preempts San Francisco-Style Domestic Partner Ordinances
39 Pages Posted: 18 Jan 2018
Date Written: 1998
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
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