GSBA Vision & Mission

MISSION: To combine business development, leadership and social action to expand economic opportunities for the LGBT Community and those who support equality for all.
Showing posts with label Marriage Equality. Show all posts
Showing posts with label Marriage Equality. Show all posts

Friday, June 26, 2015

VICTORY: Equal Dignity in the Eyes of the Law



What a historic day! So many emotions, it's overwhelming. As you have surely heard by now, the Supreme Court announced a 5-4 decision today in the Obergefell v. Hodges case. We have been waiting anxiously after the success of Washington's Referendum 74  in 2012 and then the Supreme Court's Windsor decision in 2013, watching state after state recognize the realities that our families exist and deserve equal recognition and protection.

Years and years of hearing that our relationships and families are less than others, but never giving up hope and never stopping our work to achieve equality suddenly changes as we watch the news and hear the words that our families and marriages will be recognized across the entirety of the United States of America. Justice Kennedy's closing paragraph is profound:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.
  
The Obergefell v. Hodges case examined two questions: 1) Do same-sex couples share the constitutional right to marry or can states refuse to issue them marriage licenses? 2) Do states have to recognize marriages entered by same-sex couples outside the state? With the majority ruling that the Constitution protects same-sex couples freedom to marry throughout the nation, all state marriage bans are invalidated and all marriages performed must be recognized throughout the country.

As with previous cases, GSBA was the first chamber to be asked to sign on to the business-specific friend-of-the-court briefs. We were proud to be asked to reach out to our membership and to the other chambers around the country to stand up and declare that equality is good business! Many of the businesses that signed on were GSBA members from the Puget Sound region - we have said it before, and we will say it again - we could not be more proud of the incredible advocacy work that you all have done!

Marriage equality is an important goal that many of us have spent years working toward. There are still many struggles for the LGBT community in our country, including youth homelessness, care of our seniors, equal access and respect for our trans community, and employment nondiscrimination and religious exemptions laws. GSBA will continue to work with our partners around the country, particularly other LGBT chambers, until equality is achieved, which has been our focus since our founding in 1981. But, for now, this is a day to celebrate!

Equality is good business. It was in 1981, and it still is in 2015. 
Louise Chernin, GSBA President & CEO

Friday, March 6, 2015

Press Release: GSBA and Over 50 Members Urge Supreme Court to Affirm Marriage Equality

FOR IMMEDIATE RELEASE                                                            



Media Contact:

Matt Landers
206.363.9188 | MattL@thegsba.org
 

GSBA and Over 50 Members Urge Supreme Court to Affirm Marriage Equality
Seattle businesses lead the nation in speaking up for equality

SEATTLE – March 5 – The Greater Seattle Business Association (GSBA) added its name to a friend-of-the-court brief to the U.S. Supreme Court, which was filed today, in the Obergefell v. Hodges case. GSBA is joined by 378 organizations and businesses, including 53 GSBA members and 18 fellow LGBT chambers. The Court announced today that it will hear the case on April 28.

The brief (text can be found here) explains to the Supreme Court how employers are burdened by the inability of certain employees to marry the spouse of their choice, and by the current patchwork of state laws applicable to same-sex marriage. Those burdens include:
·         Recruiting/retention challenges in those jurisdictions that do not have marriage equality;
·         Corporate administrative and financial burdens;
·         Lack of certainty and business uniformity; and
·         Requiring employers and human resources departments to implement government-mandated regulations that undermine the corporate mission.

The Court will likely decide definitively whether states must allow same-sex couples to marry, and whether states must recognize the marriages of same-sex couples who wed elsewhere. The Court has stated that it will be addressing the questions of whether the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and if the Fourteenth Amendment requires a state to recognize a marriage between two people of the same sex when their marriage was lawfully performed out-of-state.

GSBA has been working on marriage equality and building the business case for equality for many years through signing onto court briefs, legislative advocacy and referenda advocacy. In addition, GSBA is a recognized leader in educating legislators at all levels of government about and advocating for equal rights with tax and immigration laws. Hundreds of businesses filed a pro-marriage equality brief in the 2013 Windsor v. U.S. and Perry v. Hollingsworth cases. Over twenty percent of signatories to those briefs were GSBA members based in the Puget Sound region.

As an LGBT and allied chamber working to achieve equality in business for over 34 years, GSBA President & CEO Louise Chernin stated “we couldn’t be more proud than being able to take an early lead and reach out to our business members and other LGBT chambers around the country, encouraging them to join GSBA and sign the amicus brief. For businesses to be successful in today’s competitive economy, it is essential that employers be able to have an inclusive work environment in which all employees are treated respectfully and fairly.”
                                                                                                                           
The architects of the amicus brief (Morgan, Lewis & Bockius LLP) also requested that GSBA once again reach out to its members and other LGBT chambers around the United States. The National Gay and Lesbian Chamber of Commerce (NGLCC) also signed on as an amici and worked with its qualifying affiliate chambers to join the amicus brief.


Members who signed on include:

1st Security Bank
206 Inc.
Alaska Airlines
Avanade Inc.
Bank of America
Bigelow Villa LLC
BrandQuery LLC
Captain Wendells Marine Services LLC
Central Physical Therapy & Fitness, PSC
City Catering Company
City Light Neon, Inc.
CMIT Solutions of Seattle Downtown
Columbia FunMap, Inc.
Crazy Misfits Pet Services
Cupcake Royale
David Kosar Insurance Agency
Eldercare Consulting
Express Movers Inc.
Flanery CPA
Google Inc.
Group Health Cooperative
Homeward Pet Adoption Center
Integrity Law Group
Jagod Deisgns
Jennifer Brown Consulting
Jonathan L. Bowman, Attorney at Law, PS
Kapchur.us photography
Kimpton Hotel & Restaurant Group, LLC
Kollmar Sheet Metal Works, Inc.
Larson Marketing & Communications LLC
Law Office of Lisa E. Schuchman
Law Office of Susan K. Fuller, PLLC
Mona Smith PLLC
Morgan Stanley
New York Life Insurance Company
Out & Equal Workplace Advocates
Outerwall Inc.
PwC
PrideFest
The Seattle Lesbian
Seattle Metropolitan Chamber of Commerce
Skellenger Bender, PS
Spectra Law PS
Spry Vision, Inc.
Starbucks Corporation
Stuffed Cakes, LLC
Tutta Bella Neapolitan Pizzeria
Wells Fargo & Company




Fellow LGBT chamber joining us include:
Austin Gay & Lesbian Chamber of Commerce
Charlotte Business Guild
Desert Business Association, Palm Springs
Greater Connecticut Gay & Lesbian Chamber of Commerce
Greater San Diego Business Association
Gay & Lesbian Chamber of Commerce of Nevada
Independence Business Association, Philadelphia
Inland Northwest Business Association
Lambda Business Association, Las Vegas
Los Angeles Gay & Lesbian Chamber of Commerce
Miami-Dade Gay & Lesbian Chamber of Commerce
Nashville LGBT Chamber of Commerce
National Gay & Lesbian Chamber of Commerce
North Texas GLBT Chamber of Commerce
Plexus LGBT and Allied Chamber of Commerce, Northeast Ohio
Portland Area Business Association
Rainbow Chamber of Commerce, Silicon Valley
Wisconsin LGBT Chamber of Commerce


EDITORS NOTES: 

Please contact Matt Landers at MattL@thegsba.org or 206.363.9188 for more information as for interview requests.

# # #

About the Greater Seattle Business Association
Established in 1981, the Greater Seattle Business Association (GSBA) is the largest lesbian, gay, bisexual and transgender (LGBT) and allied chamber of commerce in North America.  GSBA is widely known for its work on business development, connecting community through business, advocacy on behalf of civil rights and businesses and promoting LGBT tourism through its Travel Gay Seattle initiative.  GSBA invests in the next generation of leaders by sponsoring a Scholarship Fund which will give out is two-millionth dollar in scholarships in 2015. For more information about GSBA, visit www.thegsba.org.


Wednesday, February 25, 2015

Press Release: GSBA Joins Business Amicus Brief for Marriage Equality

FOR IMMEDIATE RELEASE                                                            



Media Contact:

Matt Landers
206.363.9188 | MattL@thegsba.org
 

GSBA Joins Business Amicus Brief for Marriage Equality
Continues Lead In Bringing Business Voice to Supreme Court

SEATTLE – February 13 – The Greater Seattle Business Association (GSBA) is adding its name to a friend-of-the-court brief to the U.S. Supreme Court, together with other businesses, chambers and business organizations. The brief will explain to the Supreme Court how employers are burdened by the inability of certain employees to marry the spouse of their choice, and by the current patchwork of state laws applicable to same-sex marriage. Those burdens include:
·         Recruiting/retention challenges in those jurisdictions that do not have marriage equality;
·         Corporate administrative and financial burdens;
·         Lack of certainty and business uniformity; and
·         Requiring employers and human resources departments to implement government-mandated regulations that undermine the corporate mission.

By June, the Court will likely decide definitively whether states must allow same-sex couples to marry, and whether states must recognize the marriages of same-sex couples who wed elsewhere. The Court has stated that it will be addressing the questions of whether the Fourteenth Amendment requires a state to license a marriage between two people of the same sex and if the Fourteenth Amendment requires a state to recognize a marriage between two people of the same sex when their marriage was lawfully performed out-of-state.

GSBA has been working on marriage equality and building the business case for equality for many years through signing onto court briefs, legislative advocacy and referenda advocacy. In addition, GSBA is a recognized leader in educating legislators at all levels of government about and advocating for equal rights with tax and immigration laws. Hundreds of businesses filed a pro-marriage equality brief in the 2013 Windsor v. U.S. and Perry v. Hollingsworth cases. Over twenty percent of signatories to those briefs were GSBA members based in the Puget Sound region.

The architects of the amicus brief (Morgan, Lewis & Bockius LLP) have also requested that GSBA once again reach out to its members and other LGBT chambers around the United States. The National Gay and Lesbian Chamber of Commerce (NGLCC) has also agreed to sign on as an amici and to work with its qualifying affiliate chambers to join the amicus brief. West Coast LGBT chambers that are members of the Western Business Alliance are also working to gain approval from their boards to sign on as amici.

If your business would like to sign onto the Obergefell business amicus brief or have any questions, please contact Matt Landers at mattL@thegsba.org. We will send you a business information and statement questionnaire to complete and return to by March 3, 2015.


EDITORS NOTES: 

Please contact Matt Landers at MattL@thegsba.org or 206.363.9188 for more information as for interview requests.

# # #

About the Greater Seattle Business Association

Established in 1981, the Greater Seattle Business Association (GSBA) is the largest lesbian, gay, bisexual and transgender (LGBT) and allied chamber of commerce in North America.  GSBA is widely known for its work on business development, connecting community through business, advocacy on behalf of civil rights and businesses and promoting LGBT tourism through its Travel Gay Seattle initiative.  GSBA invests in the next generation of leaders by sponsoring a Scholarship Fund which will give out is two-millionth dollar in scholarships in 2015. For more information about GSBA, visit www.thegsba.org.

Thursday, May 29, 2014

The Social Security and Marriage Equality Act: Ensure Equality for All Spouses

By Senator Patty Murray
As I often discuss with my colleagues in the Senate, I am so proud of how Washington state is leading the way – growing our small businesses and our economy, protecting the environment, educating our children, and so much more. I also could not be more proud of our state’s history of protecting the rights of all our citizens, including our thriving lesbian, gay, bisexual, and transgender (LGBT) community. Thanks to organizations such as the GSBA, Washington is a place where all of our residents can live and thrive without the threat of being discriminated against because of who they are or who they love.
Of course, a major milestone in protecting these rights was when former Governor Christine Gregoire signed our marriage equality bill into law in 2012. It was a day of joy and celebration for all of the loving, committed LGBT couples in our state – and for all of us who respect and support them.  It was also a day of joy for many in our border states, such as Idaho, whose residents were now able to travel to Washington and finally, legally marry who they love.
This victory only became sweeter last year, when the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act and found that the federal government may not, through its statutes, create two classes of marriage. This paved the way for all married couples to receive equal access to federal protections and benefits. However, despite  the Court’s ruling, when it comes to Social Security spousal benefits, same-sex marriages are currently classified as valid only if the couple lives in a state where marriage equality is recognized.  So even though those Idahoans are legally married, in the unfortunate instance of the death of their spouse they’re unable to access the Social Security benefits that they’ve earned. As a result, their Social Security applications have been put on hold.
With support from organizations like the GSBA, Pride Foundation, and Human Rights Campaign, Colorado Senator Mark Udall and I have come together to remove this unnecessary burden on families who are already suffering from the loss of a loved one. While we believe the Social Security Administration can, and should, resolve this inconsistency through administrative action, our bill –named the Social Security and Marriage Equality or SAME Act – provides a roadmap to ensure equal access for all.  In addition, the SAME Act would provide more consistency among federal agency policies, falling in line with the Internal Revenue Service, Department of Justice, Citizenship and Immigration Services, and many other federal agencies, which currently recognize all marriages regardless of where they live.
This current delay of spousal benefit claims by the Social Security Administration not only places an unfair economic burden on legally married LGBT spouses, but also an extremely emotional one. While I believe the Administration has made significant strides toward equal treatment of all marriages under federal law, your zip code should not determine whether or not your family will have access to the Social Security benefits that they’ve earned. 

As we’ve seen in recent weeks, in states such as Pennsylvania and our neighbors in Oregon, marriage equality is becoming a reality for more and more Americans. But, there is still work that must be done to ensure that equality does not end at state lines. I’m hopeful our colleagues in the Senate and in the Social Security Administration agree and help move quickly to resolve this inequality.

Thursday, October 31, 2013

Can I Get A Witness?


Gay City Health Project and the Greater Seattle Business Association (GSBA), the nation’s largest LGBT and allied chamber of commerce, are teaming up to bring you Can I Get a Witness?, a program for out-of-state couples who are traveling to Washington State to get married following the passing of Referendum 74 and the striking down of Section 3 of the Defense of Marriage Act (DOMA).

In just the first three months 2013, more than 20% of the marriages conducted in the state were between same-sex couples, according to the Washington State Department of Health. 14% of those marriages were for couples who had traveled from other states. As Washington is one of thirteen states plus the District of Columbia that recognize marriage equality, the state has become a magnet for same-sex couples who are looking to formalize their relationships.

This formal recognition has become even more important with the Supreme Court’s ruling in the United States v Windsor case that Section 3 of DOMA is unconstitutional, thereby paving the way for federal recognition of same-sex marriages. Many, but not all, of the federal rights and responsibilities of marriage are being extended to legally married same-sex spouses regardless of the state in which they reside.

Since January, GSBA has been assisting dozens of out-of-state couples by providing witnesses for their ceremonies. Often these are couples who have been together for many years and who are finally being recognized as spouses. Couples have come to Seattle from states including Alabama, California, Idaho, Illinois, Montana, Oklahoma, Texas and Utah, as well as from Japan and the UK. Gay City has organized a list of willing volunteers who look forward to supporting couples who are traveling to the region to take advantage of the progressive laws that the community worked so hard to pass.

Gerardo Flores and Guadalupe Sandoval visited Seattle to get married in July. Gerardo remarked that, “When we contacted the judge, we told her we were very concerned because we did not have witnesses. She said ‘Not a problem, I'm going to give you a number, and they will take care of you.’ Boy, did they take care of us. They not only answered our initial call, but stayed in touch with us until the day of our wedding.”

For more information, or to arrange for witnesses at your ceremony, contact:
Chief Odood, chief@gaycity.org, or
Matt Landers mattl@thegsba.org

Tuesday, September 24, 2013

Recent DOMA Ruling Can Cause Financial Confusion

By Dale Terwedo, Owner, Terwedo Financial Services

I started Terwedo Financial Services in 1983 and am one of few Accredited Domestic Partnership Advisors (ADPA®) Designees in the state of Washington. I’ve been working with LGBT couples for several years now and I’ve realized that most people have the same basic financial needs—they want to provide for themselves, their families, and others that they care about. Same-sex couples tend to require a unique process to do that, even with the recent changes in legislature.

As you know, the Supreme Court ruled Section 3 of the Defense of Marriage Act (DOMA) unconstitutional.  This means that married same-sex couples now have a right to the same federal benefits enjoyed by other married couples. It is important to note, however, that this ruling impacted only Section 3. Each state still has its own right to decide whether or not it will recognize marriages for state legal purposes, adding to confusion and increasing the need for further guidance.

The repeal of Section 3 of DOMA grants same-sex married couples access to perhaps more than 1,100 federal benefits and protections. From a financial planning perspective, some of the key areas to review include:
  • Retirement Accounts
  • Social Security
  • Gifting
  • Marital Deductions
  • Grantor Retained Income Trusts (GRITs)
  • Property and Account Titling
  • Protective Claims for Tax Refunds
Although Section 3 of DOMA has been struck down, don’t expect to see smooth sailing from here on out.  The full impact of these decisions has yet to be determined as Federal and state governments as well as the IRS will need to issue further guidance to same-sex spouses and their financial planners before the full effects of the repeal will be realized.  Although most will likely be positive for same-sex couples, it’s important to keep in mind that they will likely require major changes to financial, tax and estate plans.

We’ve put together a free guide at www.tfsadvisors.com/guide that provides more information about how the DOMA ruling affects your financial, estate, and tax planning.

Disclosure: Securities and advisory services offered through FSC Securities Corporation, member FINRA/SIPC.  Terwedo Financial Services, LLC is not affiliated with FSC Securities Corporation.

Wednesday, July 24, 2013

The State of Marriage Equality After the Windsor and Perry Cases


by Mona Smith, GSBA Board Member and Public Affairs Chair

Do you know where you were at 7:00 a.m. on June 26, 2013?  If you are like so many others, you were glued to a television, radio or the internet awaiting the Supreme Court to announce its decisions in two marriage equality cases. 

The Supreme Court punted in the Hollingsworth v. Perry case, deciding that the private party intervener had no standing to appeal the trial court’s decision finding Proposition 8 unconstitutional. The result: Marriages for same-sex couples have resumed in California. The “no standing” ruling left undecided the issue whether same-sex couples have a fundamental constitutional right to marriage. 

Under DOMA, the federal government has treated state sanctioned same-sex marriages as lesser than heterosexual ones. The Supreme Court repealed Section 3 of DOMA as unconstitutional in the Windsor v. United States case. The result: Legally married same-sex couples residing in states (currently 13 states and the District of Columbia -- 1/3 of our nation’s population) that recognize the marriages of same-sex couples are entitled to all 1,138 federal spousal rights and responsibilities. These benefits affect taxes, social security, retirement pensions, military spousal benefits, immigration, healthcare plans, COBRA benefits, family medical leave and more. 

In striking down Section 3, Justice Kennedy stated, “DOMA writes inequality into the entire United States Code.” He continued, “No legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.”

The entirety of DOMA, however, is not dead.  Neither Perry nor Windsor legalizes marriage or provides rights for all same-sex couples.  Some degree of uncertainty exists as to which rights and responsibilities will apply to same-sex couples legally married but living in states that do not recognize their marriages, because of the inconsistency of federal statutes and regulations and that Section 2 of DOMA remains alive.  Section 2 leaves it up to states whether to recognize marriages between same-sex couples. The IRS and other federal agencies apply marriage benefits based on the state of residency rather than the state in which a couple marries. The Social Security Administration similarly provides spousal benefits based on the state in which a couple is domiciled.  In contrast, the Department of Homeland Security provides immigration spousal benefits based on the state in which a couple marries or state of celebration.  Immediately after the Windsor decision, the government stopped deportations and started granting permanent residency of foreign national same-sex spouses.

Secretary of Defense Hagel announced that same-sex military personnel and their spouses will be entitled to federal spousal rights and responsibilities regardless of the location of their deployment. The practice of the Office of Personnel Management entitles legally married federal employees to federal spousal benefits based on their federal employment and not on their state of residence. 

This leaves a lot of inconsistency in the extension of federal benefits to same-sex married couples living in or moving to a state not recognizing their marriage, other than federal or military personnel (but whether military same-sex families will receive benefits if they leave the military base is unclear). Since we are a transient society with couples moving from state to state or companies relocating their employees, benefits and protections could change as quickly as it takes to cross state lines. Confusion and chaos will undoubtedly ensue.  Companies could still be forced to discriminate and treat their same-sex employees differently and the administrative cost of keeping track of which of the 1138 spousal benefits apply to a specific employee will be costly and time consuming.

Even though a same-sex couple may have some or all of the federal spousal benefits, they can face other problems in states that do not recognize their marriage. Second parent adoptions remain necessary to recognize and protect the parentage of non-biological parents.  Powers of attorney for financial, legal and health care provide certainty for spouses to make decisions for each other in states not recognizing their marriages.

The looming question now is how can the government deliver federal benefits to legally married same-sex couples residing in states with DOMA statutes or constitutional amendments. Some advocate for President Obama to issue an executive order applying federal benefits based on the place of marriage.  This could be a quick fix, but runs the risk of being only a temporary solution.  Congress could repeal what remains of DOMA.  Senators Feinstein and Murray have reintroduced the Respect for Marriage Act.  Statutory and regulatory definitions of “spouse” could be revised and federal forms will need to be modified. 

Retroactivity is possible for some rights such as widowed spousal pensions and social security survivor benefits.  Tax returns could be amended for joint filings. In Washington State, the effective date of marriage is the registration date of the registered domestic partnership.

It’s unlikely that Congress will act swiftly to end DOMA or pass legislation making marriage between same-sex persons a fundamental constitutional right.  On the “what’s next” horizon, the state-by-state battle for marriage equality will continue. We can anticipate more states passing marriage equality laws and new lawsuits to legalize marriage, end federal DOMA, extend federal benefits to all legally married persons and make marriage a fundamental federal constitutional for same-sex couples.

For those same-sex couples legally married or contemplating marriage, consult your GSBA tax and legal professionals as to how the Windsor decision could impact your tax, family and estate planning.  Lambda Legal together with other organizations has prepared a fact sheet series, “After DOMA What It Means For You.” Jill Mullins of McKinley Irvin has also created a Comprehensive Legal Guide to Same-Sex Marriage, Parenting and Divorce. GSBA will continue to provide its members with updated information as it becomes available.