Susie King Taylor2 360x1000
14albion
Thomas Piketty2 360x1000
Maurice B Foley 360x1000
399
Lafayette and Jefferson 360x1000
Office of Chief Counsel 360x1000
2gucci
1lookingforthegoodwar
Learned Hand 360x1000
1defense
Margaret Fuller3 360x1000
lifeinmiddlemarch1
2albion
3albion
3theleastofus
11632
3defense
Mary Ann Evans 360x1000
1theleasofus
1jesusandjohnwayne
Tad Friend 360x1000
5confidencegames
Thomas Piketty1 360x1000
Brendan Beehan 360x1000
1gucci
3paradise
2theleastofus
storyparadox2
1lafayette
10abion
Margaret Fuller 360x1000
storyparadox3
7confidencegames
2defense
2lookingforthegoodwar
Margaret Fuller5 360x1000
2paradise
Thomas Piketty3 360x1000
Gilgamesh 360x1000
James Gould Cozzens 360x1000
Betty Friedan 360x1000
1empireofpain
4confidencegames
Ruth Bader Ginsburg 360x1000
499
Margaret Fuller2 360x1000
LillianFaderman
3confidencegames
Mark V Holmes 360x1000
1paradide
Anthony McCann2 360x1000
4albion
13albion
Maria Popova 360x1000
2transadentilist
2jesusandjohnwayne
Susie King Taylor 360x1000
9albion
Stormy Daniels 360x1000
2falsewitness
1confidencegames
Adam Gopnik 360x1000
1albion
lifeinmiddlemarch2
1transcendentalist
1madoff
2confidencegames
5albion
Spottswood William Robinson 360x1000
8albion'
6confidencegames
11albion
Edmund Burke 360x1000
Richard Posner 360x1000
George M Cohan and Lerarned Hand 360x1000
Samuel Johnson 360x1000
299
2lafayette
Margaret Fuller1 360x1000
12albion
Anthony McCann1 360x1000
Storyparadox1
2trap
Margaret Fuller 2 360x1000
6albion
AlexRosenberg
199
7albion
George F Wil...360x1000
1lauber
1trap
1falsewitness
Margaret Fuller4 360x1000
Originally Published on forbes.com on November 4th, 2011

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Seventy employers, including giants such as Microsoft and Starbucks, have signed on as amiciin the case of Gill v OPM which challenges the constitutionality of Section 3 of the Defense of Marriage Act (DOMA).  Also included in the amici are the cities of Boston, New York and Cambridge and Trillium Asset Managemet, a socially responsible investment manager.  There are several prestigious law firms including Burns and Levinson.  I didn’t notice any accounting firms on the list – so it goes.  Section 3 of DOMA provides that for purposes of federal law, only opposite sex marriages are recognized.  The federal district court for Massachusetts declared that portion of the act unconstitutional last year.  The Justice Department determined that the act was indefensible, which aggravated conservatives including Newt Gingrich.  Congress took up the defense of the act.  The continued defense of the act actually creates a subsidy for gay marriage, an irony lost on everyone but me.
DOMA creates a few problems for employers in states like Massachusetts where same sex marriages are allowed under state law.  The act creates unnecessary cost and administrative complexity and forces companies to discriminate. There are over 1,000 benefits of marriage under federal law, several of which are effectively delivered through employers.  Among those are the exclusion for health insurance and the right to make a penalty free withdrawal from a 401-k for a spouse’s medical expenses.  The brief cites a study that indicates that the average W-2 of the spouse with a same sex partner will, on average, show $1,069 more in federal tax than that of a similar employee with an opposite sex spouse. DOMA also complicates thehiring of highly skilled foreign employees since the employers cannot offer visas to same sex spouses.
The final concern in the brief was the way in which DOMA conscripts employers to become the face of its discrimination often in contradiction of corporate mission statements.  The employer is forced to intrude on the employee’s privacy by inquiring as to the gender of the employee’s spouse and then treat them differently if they are same sex.  But for the Supremacy Clause, this behaviour would be illegal discrimination under the laws of Massachusetts.  There is a concern that employers will face lawsuits from having to navigate between the two systems.
If I was in charge of the vast right wing conspiracy, I’d definitely be ready to throw in the towel on this fight.  The most ironic thing is that the argument against DOMA’s constitutionality is an argument that conservatives generally like – the 10th amendment.  It has always been up to the states to decide who is or is not married.  In the mean time same sex married couples, who filed as single in 2008, should be looking at whether a joint return should have been more beneficial.  You have until at least April 2012 to file a refund claim, but give your accountant a break and take care of it now when things are a little slow.