Last week, the Human Rights Campaign highlighted an Associated Press article featuring the case of a same-sex couple who lost benefits when they moved from New Jersey to Idaho:
The two-story home Robert Ryan, 42, shares with his partner, Ralph Martinelli, 53, overlooks a quaint suburb west of Boise, a rural landscape of ruddy hills that doesn't seem quite as welcoming as it once did.
A 2,400-mile move west once seemed like a chance at a fresh start, but has instead delivered some hard lessons, especially about moving from a state that recognizes same-sex unions to one of the 21 states that don't.
The couple was stunned when Ryan was dropped from the company insurance plan the two shared in New Jersey, where they were able to register as domestic partners. Idaho does not formally recognize same-sex couples.
Robert and Ralph's situation perfectly illustrates how access to our basic rights can be affected by geography. Unfortunately, this story is not unique. Across the country, millions of same-sex couples face significant financial burdens and legal hurdles in building a secure future for their families. As a result of the Defense of Marriage Act (DOMA), these couples are denied, according to a 2004 report prepared by the Government Accountability Office (GAO), (a pdf of the report can be found here) more than 1,138 federal benefits and protections available to married couples. Furthermore, as Robert and Ralph discovered, states have their own complex and often contradictory sets of laws in this area. This can mean that those in same-sex relationships can't take time off to care for a loved one without risking their job, they can't provide survivor benefits to their partner or children despite paying into Social Security for a lifetime, they can't get equal pay for equal contribution as a federal employee or veteran, and they can't include their spouse or children on their employer-based health plan without facing significant tax penalties. According to the Williams Institute, the average employee who receives partner benefits pays an additional $771 per year out of pocket in federal taxes based on the value of those benefits.
Without even addressing the issue of same-sex marriage, most of the hurdles faced by same-sex couples could be addressed legislatively.
That is why, in this week before Tax Day, HRC is working with our allies on Capitol Hill to highlight key pieces of legislation that we are calling the "Family Matters" legislative agenda. "Family Matters" is a comprehensive pro-family, pro-equality legislative package that seeks to secure equal treatment under federal law for GLBT individuals, same-sex couples, and their children. These bills are necessary to ensure that GLBT Americans have the same opportunity to secure a financial future for their families as other hardworking Americans. Three key components include:
* Elimination of the unequal taxation of employer-provided health insurance (S. 1556 / H.R. 1820);
* Expanding the Family and Medical Leave Act (H.R. 2792); and
* Providing fair compensation and benefits to same-sex partners of federal employees (S. 2521 / H.R. 4838).
Take, for example, health benefits. While married couples are entitled to their spouse's health care benefits, same-sex couples incur a tax liability when included on their partner's plan. That's why a critical piece of legislation for GLBT families is the Domestic Partner Health Benefits Act. This bill would eliminate the unequal taxation of employer-provided health insurance. Specifically, the Internal Revenue Code (IRC) excludes from income the value of insurance premiums and benefits received by employees for coverage of an employee's spouse, but does not extend this treatment to coverage of domestic partners. In addition, when calculating an employer's payroll tax liability, the value of domestic partner benefits is included in the employee's wages, thereby increasing both the employee's and the employer's payroll tax obligations. The Domestic Partner Health Benefits Equity Act would address these inequities.
As many people know, the Family and Medical Leave Act of 1993 grants legally married spouses up to twelve weeks of unpaid leave from work to care for a seriously ill spouse, parent or child. However, the law does not cover same-sex partners or spouses, making it impossible for some employees to be with their partners during times of medical need. The Family and Medical Leave Inclusion Act would expand FMLA to permit an employee to take unpaid leave from work if his or her domestic partner or same-sex spouse has a serious health condition.
And finally, we're seeking equal treatment for same-sex couples who work for our nation's largest civilian employer, the federal government. The Domestic Partner Benefits and Obligations Act would extend all federal civilian employment benefits to partners of federal employees. That has become a standard benefit in America's major corporations. As of 2006, over 53 percent of the Fortune 500 companies offered benefits to their employees' domestic partners. Corporate America already understands the value of recruiting and retaining the best workers. Current law puts the federal government at a competitive disadvantage in recruiting the some of the nation's best employees because it does not offer these benefits.
At its core, "Family Matters" is about fairness. None of these proposals are complicated or controversial. Together, they help create a level playing field for more American families.
On April 15th, same-sex couples across America will pay their state and federal taxes--as will millions of heterosexual married couples. Passing the provisions of "Family Matters" will be a very positive step toward ensuring equal rights, and equal compensation for equal contributions. Quite simply, "Family Matters" would offer all Americans the unfettered opportunity to spend a life doing meaningful work and accumulating assets to reach a point of financial independence--regardless of where they live.