General Discussion
In reply to the discussion: Firms Tell Gay Couples: Wed or Lose Your Benefits [View all]KT2000
(22,165 posts)If SC rules in favor - you can be sure many employers will require marriage for benefits - insurance, family leave etc.
In light of persistent discrimination for being gay, a reasonable solution should be worked out to assure no discrimination occurs as a result - and making sure the solution is fair to both gay and heteros.
It will not fly if gay people are allowed to confer benefits to partners without marriage if marriage is legal, while heteros will not be allowed to do the same. Can you see the lawsuits that would result from that? Won't employers win such suits? I think so.
Our entire country is engaged in a discrimination free-for-all right now. Women can be fired for using birth control, unarmed black men are being killed, etc. How do we resolve the discrimination that could result from the legal right for gay people to marry in all 50 states?
I was thinking that a different standard for employer based benefits could be adopted - one that is the same for gay and hetero people. Maybe a person could just sign an affidavit that states they "swear or affirm" that the person listed is a partner they have made a commitment to. That would be between employee and employer and contained only in employee records.
If SC rules in favor - there will be new issues such as those you mentioned. What will be the solutions? I doubt a double standard will work.