in the United States v. Windsor U.S. Supreme Court challenge to DOMA.
SUNNYVALE,CA – February 11, 2013 –
We are writing you to announce some very exciting news. The RCCSV has been asked and has agreed to join onto a business-focused amicus brief in the United States v. Windsor U.S. Supreme Court challenge to DOMA.
The authors of the amicus brief have asked RCCSV to also solicit our business members to sign on as amici. The process is simple, no cost and can make a big difference if we stand together to show as business owners we care about the unfair and discriminatory practices of DOMA.
This is our call to action. All of us have an amazing opportunity to become part of history in LGBT equality and the hopeful demise of DOMA. The support of the business community is critical to the Supreme Court understanding the far-reaching consequences of DOMA to both the LGBT and business communities. Time is critical you need to sign this business oriented amicus brief by Feb. 15, 2013.
In December, the U.S. Supreme Court agreed to hear appeals in the United States v. Windsor and Hollingsworth v. Perry (Prop. 8) cases. The Windsor case is a challenge to Section 3 of the federal DOMA statute. Due to Section 3 of DOMA, LGBT same-sex spouses are precluded from accessing the federal rights and responsibilities afforded to different-sex spouses including various tax exemptions. As a result of this unfair and discriminatory treatment, employers and employees are adversely impacted with greater income and payroll tax liabilities, higher administrative costs and the inability to provide equal spousal benefits for certain federally regulated health care and pension programs.
For those not familiar with the Windsor case, Edith Windsor and Thea Spyer, New York residents, were together for 42 years, and legally married in Canada in 2007. Thea Spyer passed away in 2009, leaving her estate to her spouse Edie. Thea’s estate was assessed $363,000 in federal estate taxes, because the federal government under DOMA does not recognize their marriage or extend the estate tax exemptions afforded to different-sex spouses. Had the federal government recognized the legal marriages of same-sex couples, Edie would have been entitled to the spousal exemption and not have had to pay any of the $363,000 in federal estate taxes.
The Rainbow Chamber is pleased to annouce that we are one of 278 businesses and organizations to join the DOMA (Windsor) amicus brief earlier this month. Check out the amici list of employers, groups and RCC members who joined the brief: Download Amicus Brief.