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Tax ‘gross ups’ among the added costs of unequal treatment for same-sex spouse benefits
Apple, Coca-Cola and Johnson & Johnson were among 379 companies to sign an amicus brief asking the U.S. Supreme Court to hold that same-sex couples have a constitutional right to marry nationwide. Such a ruling would allow employers “to recruit and retain top talent, in part through equitable and competitive benefits packages,” the brief stated.
The Supreme Court is scheduled to hear arguments on April 28, 2015 in
Obergefell v. Hodges, in which same-sex couples are seeking to overturn state bans against recognition of their marriages. A ruling is expected at the end of the court’s term in late June.
Brief of 379 Employers and Organizations Representing Employers highlighted the added cost and administrative burden of treating benefits for same-sex spouses or partners unequally in states that don’t allow or recognize same-sex marriage, stating:
“This historic filing reflects over a decade of leadership by America’s top businesses,” said Deena Fidas, director of workplace equality program at the HRC Foundation, an affiliate of the Human Rights Campaign, an advocacy group that supports same-sex marriage. “These employers have come together to convey to the Supreme Court that marriage equality isn’t just right, it’s good for business,” she added in a news statement.
The brief was signed by a range of companies, from the nation's largest banks and name-brand product giants to small businesses and business associations, and included sports teams such as the New England Patriots and San Francisco Giants.
Stephen Miller, CEBS, is an online editor/manager for SHRM. Follow him on Twitter
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