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Businesses Support Same-Sex Relationship Recognition

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 opposite-sex spouses. Employers operating in more than one state must manage a patchwork of state and local laws that include or exclude GLBT 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 GLBT employees and consumers move to other locations.

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 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. 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]
  • "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..." 
    Eli Lilly & Co. - Letter Opposing Ban on Marriage for Same-Sex Couples in Indiana, Mar 2007 [PDF]

Read Advocating for Business Support of GLBT Legislation for general information about how to incorporate these business implications when advocating for your business to support marriage equality legislation.