Business Support for Same-Sex Relationship Recognition and Marriage Equality
Government recognition or exclusion of same-sex relationships has ramifications for employers in all 50 states. More than 1,100 federal rights and responsibilities are afforded to different-sex spouses. Employers operating in more than one state must manage a patchwork of state and local laws that include or exclude LGBT employees and their families from these rights, which can affect an employer's options when relocating employees and providing certain benefits. Businesses that fall entirely within a jurisdiction that restricts those rights and protections are adversely affected as LGBT employees and consumers move to other locations.
- Overview of federal rights and protections granted to married couples
- Marriage & relationship recognition
- Laws in your state
- City and county domestic partner registries
At the state and local level, jurisdictions have asserted the rights and responsibilities of same-sex couples through marriage, civil unions and domestic partnerships, as well as adoption laws. These laws can affect aspects such as how benefits for same-sex couples are taxed, as well as provisions such as family and medical leave. On the reverse, state constitutional amendments banning relationship recognition for same-sex couples encroach on an employer's ability to provide equal benefits and protections to its employees, and also discourage potential employees and consumers from living in those states. Employers with operations concentrated in these states are at even greater risk for adverse effects of such amendments.
What U.S. Businesses are Doing
Employers have supported same-sex couples by opposing laws or constitutional amendments that would limit same-sex relationship recognition and by supporting laws that would enhance protections for same-sex partners. Businesses have contacted local and federal legislators and written op-eds to local papers, trade publications, and/or mainstream business press about how these laws affect their business.
Supporting Marriage and Other Rights for Same-Sex Couples, Opposing Laws or Constitutional Amendments Limiting the Rights of Same-Sex Couples
- Boeing Co., Microsoft Corp., Nike Inc., Puget Sound Energy, RealNetworks Inc. and Vulcan Inc. in Washington:
"We are a group of businesses who stand united together by the commonality of our companies' core values, which respect and support employees with diverse backgrounds. We are committed to supporting our employees and our customers and to ensuring the health of our communities. Accordingly, we support the campaign to Approve Referendum 71."
Businesses to Approve Referendum 71 Statement, September 2009 [thestranger.com] - PG&E Corp. and Levi Strauss & Co. in opposition to Proposition 8 that would eliminate the right of same-sex couples to marry in California:
"We are proud to join NO on 8 and Equality California to protect the freedom to marry for all Californians. For years, PG&E has advocated for equality and fairness in the workplace, and across California. In that same spirit, PG&E is honored to be a founding member of the Equality Business Advisory Council and urge our business colleagues to join us as we work to guarantee the same rights and freedoms for every Californian."
- Nancy McFadden, PG&E Senior Vice President of Public Affairs, July 2008
"As a company with a long history of standing up for equality, civil rights and social justice on behalf of our employees and other stakeholders, we are proud to co-chair the business council with our friends at PG&E."
- John Anderson, President and CEO, September 2008 - Google Inc. in opposition to Proposition 8 that would eliminate the right of same-sex couples to marry in California:
"...While there are many objections to this proposition -- further government encroachment on personal lives, ambiguously written text -- it is the chilling and discriminatory effect of the proposition on many of our employees that brings Google to publicly oppose Proposition 8. While we respect the strongly-held beliefs that people have on both sides of this argument, we see this fundamentally as an issue of equality. We hope that California voters will vote no on Proposition 8 -- we should not eliminate anyone's fundamental rights, whatever their sexuality, to marry the person they love."
- Sergey Brin, Co-founder & President, Technology, September 2008
Google Inc. - Our position on California's No on 8 campaign, September 2008 [googleblog.blogspot.com] - Levi Strauss & Co. in California:
In fall of 2007, Levi Strauss & Co. filed an amici curiae brief with San Francisco-based Out & Equal Workplace Advocates in support of challenging the marriage exclusion in California law.
"Ending discrimination in California's marriage laws is not only good law - it also makes good business sense. As organizations with a keen interest in California's business community, amici curiae recognize that business success is directly affected by (1) the ability to compete for talented employees in a highly competitive marketplace, and (2) the diversity and innovativeness of the state in which businesses are located. Ending marriage discrimination will improve businesses' ability to attract the best and the brightest to California and enhance California's reputation as a diverse, inclusive and innovative community, both of which are key factors to continued economic growth and prosperity in this state..."
Levi Strauss & Co. - Amici Curiae Brief Challenging California Marriage Exclusion, Sep 2007 [PDF] - Eli Lilly & Co. in opposition to legislation that would define marriage as between a man and a woman in Indiana:
"Given the great lengths Lilly takes to attract and retain top talent from around the world, we oppose any legislation that might impair our ability to offer competitive employee benefits or negatively impact our recruitment and retention. Beyond this, we are concerned that the proposed legislation sends an unwelcoming signal to current and future employees by making Indiana appear intolerant. As a result, we believe this amendment works against Indiana’s stated desire to broaden its appeal to attract new businesses to the state..."
- Tony Murphy, Senior Vice President, Human Resources, March 2007
Eli Lilly & Co. - Letter Opposing Ban on Marriage for Same-Sex Couples in Indiana, Mar 2007 [PDF] - A/X Armani Exchange, Alcoa Inc., Google Inc., McGraw-Hill Companies Inc., Nixon Peabody LLP, Ogilvy & Mather, Outten & Golden LLP, Skadden, Arps, Slate, Meagher & Flom LLP, and Xerox Corp. joined the coalition "NY Business for Marriage Equality"
The full list of businesses and business leaders that signed their names to this coalition can be found on the Empire State Pride Agenda's website here.
