Gay marriage blazing trails for insurers: Employers struggling for guidance

Since Oct. 6, when the U.S. Supreme Court declined to review lower court rulings that allowed gay and lesbian unions, some employers have been scrambling for guidance on whether they have to offer identical benefits to same-sex spouses as they do to opposite-sex ones.

Lawyers, insurance companies and other advisers are studying the legalities and loopholes as they field anxious phone calls from clients.

At least one major insurance company providing coverage in the region has declared a special sign-up period for husbands and wives of gay and lesbian policyholders.

“I’m knee-deep in same-sex stuff,” said Tom Markle, an employee benefits attorney and partner with local firm Barrett & McNagny. “Some very large organizations are almost freaking out right now.”

Do they have to offer coverage to same-sex couples? The answer: It depends.

Markle wants to set the record straight on one misconception: The federal government is not making employers provide health insurance and other benefits to same-sex spouses.