Their brief points out that the Republican leadership in the House of Representatives is defending DOMA in court on the notion that it imposes "a uniform rule" on whose marriage is recognized. "The perspective of the American employer who must implement DOMA is very different," the companies state. "Employers are obliged to treat one employee spouse differently from another, when each is married, and each marriage is equally lawful."
The companies say DOMA "forces" them "to investigate the gender of the spouses of our lawfully married employees and then to single out those employees with a same-sex spouse." For example, HIPPA laws usually consider marriage a "qualifying event" that automatically enrolls a spouse in an employee's health insurance. Companies now spend time and money weeding out any gay employees who get married.
If companies don't want to discriminate, because it hurts their recruiting efforts or they're just opposed to it in principle, then DOMA causes a bunch of "workarounds" that come with wasteful administrative costs of their own.
Companies complain that when a same-sex couple legally marries, it requires them "to maintain two sets of books." That's because the couple is considered married under state law but not married under federal law. "The double entries ripple through human resources, payroll, and benefits administration," they write.
Tuesday, November 8, 2011
Over 70 companies file brief opposing DOMA
The Advocate tells us that 70 companies and organizations, including Google, Microsoft,and Starbucks, have filed an amicus brief in one of the DOMA cases now winding through federal court. The companies complain that DOMA hurts their recruiting, and causes unnecessary administrative burdens. Good to see!