Microsoft and Other Leading Companies Say DOMA Hurts Business

There is no way around the reality that the Defense of Marriage Act, a/k/a DOMA is all about religious based discrimination. Something supposedly illegal when engaged in by the federal or state governments under the United States Constitution. But unfortunately, in this country far right Christians continue to be afforded special rights and those who don't conform to far right religious beliefs pay a price, with LGBT citizens being particularly punished for their nonconformity. Now, in the ongoing challenges to DOMA in the 1st Circuit Court of Appeals, 70 corporations have filed an amicus brief attacking DOMA and arguing that it is bad for businesses (a full list of the companies can be seen here). The GOP claims to be the pro-business party, but it is safe to assume this message from businesses will fall on deaf ears as Republican elected officials continue to have their noses so far up the asses of Christianist that it's a wonder they do not suffocate. Here are some highlights fro The Advocate on the court filing:

Top U.S. companies including Google, Microsoft, and Starbucks took the unusual step on Thursday of legally documenting their opposition to the Defense of Marriage Act.

A brief filed in court comes from 70 businesses and organizations that want their voice heard on the constitutionality of DOMA, which bans same-sex marriage from being recognized federally and stops couples married in states such as Massachusetts from having their weddings recognized in less accepting places such as Alabama.

The companies paint the law as an overburdening government regulation that should be repealed.

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.

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.

"The burden on the small employer is especially onerous," the companies point out. Small businesses can't afford to hire consultants, and "such burdens, standing alone, might chill a smaller employer from employing an otherwise qualified employee because she happens to be married to a same-sex spouse."