<div dir="ltr"><div id="printbody"><br><div id="pagebody" class="">
<div id="entry-2000000002150771" class="">
<div class="" title="2013-02-27T11:29:34">February 27, 2013</div>
<h1 class="">The Economic Closet: The Business Case for Gay Marriage</h1>
<div class="">Posted by <cite class=""><a href="http://www.newyorker.com/magazine/bios/amy_davidson/search?contributorName=Amy%20Davidson" title="search site for content by Amy Davidson" rel="author">Amy Davidson</a></cite></div>
<div class="">
</div>
<div class="">
<p>
<img alt="h_14301663-233.jpg" src="http://www.newyorker.com/online/blogs/comment/h_14301663-233.jpg" class="" style="float: right; margin: 0px 0px 20px 20px;" height="350" width="233">
</p>
<p>
Three hundred sixty-three thousand and fifty-three dollars was the
amount that Edith Windsor was assessed in federal estate taxes when her
wife, Thea Spyer, died in 2009. Zero dollars, everyone agrees, would
have been the amount she owed if the federal government had recognized
their marriage, as the state of New York already did. There are other
numbers that are more relevant to their story—like forty-four, the
number of years they spent with each other; or twenty-two, the share of
those years during which Spyer lived with a diagnosis of multiple
sclerosis, the disease that eventually killed her—and that Windsor gave
up her own job to nurse her through. There were the numbers Windsor
worked while getting a graduate degree in mathematics in the
nineteen-fifties, and those in the early computer codes that she wrote
for the Atomic Energy Commission’s <small>UNIVAC</small> and at I.B.M.,
where she was, at the time, one of very few women programmers. But the
difference between zero and three hundred sixty-three thousand and
fifty-three is what gives Windsor standing to <a href="http://www.scotusblog.com/2013/02/doma-plaintiffs-brief-filed/">bring a case challenging the Defense of Marriage Act</a>.
The Supreme Court will hear her case on March 27th, and, the day
before, it will hear another one challenging Proposition 8, California’s
ban on same-sex marriage.
</p>
<div id="entry-more"><p>
How much does money matter when thinking about same-sex marriage, or
about marriage at all? The essence of the debate—and certainly its
emotional heart—lies with words like family and respect, honor and
honesty, and, above all, love. But those words, and even more so
others—security, protection, sickness and health, home and career—are
not divorced from finances. This is particularly true when any one of
them is used in the same sentence as “children.” Another number to add
to the equation: eleven hundred and thirty-eight, which is the number of
federal laws that rely on a definition of marriage. Many more of them
are about money, in one way or the other, than about love. Nor is the
concern simply that of the family involved: companies have an interest,
too, as does the larger business world, in not having families live in
what might be called an economic closet.
</p>
<p>
That there is a business case for marriage equality was confirmed this
week with the news that at least sixty major corporations will <a href="http://features.blogs.fortune.cnn.com/2013/02/26/corporate-america-gay-marriage/?hpt=hp_t3">file an amicus curiae brief in support of overturning Prop. 8</a>—a
move, depending on how the Court writes the decision, that could
establish a right to same-sex marriage not only in California but in the
country as a whole. (Some leading Republicans are <a href="http://www.newyorker.com/online/blogs/newsdesk/2013/02/ken-mehlmans-republican-gay-marriage-mission.html">also submitting a brief</a>.)
More may sign on before the filing deadline on Thursday. The companies
range from Apple to Xerox, with everyone from Levi Strauss, Cisco,
Morgan Stanley, Nike, and Panasonic in between. <em>Fortune</em> got a <a href="http://features.blogs.fortune.cnn.com/2013/02/26/corporate-america-gay-marriage/?hpt=hp_t3#sthash.McP1KX1e.dpuf">draft of the brief</a>, which reads in part
</p>
<blockquote>
By singling out a group for less favorable treatment, Proposition 8
impedes businesses from achieving the market’s ideal of efficient
operations—particularly in recruiting, hiring, and retaining talented
people who are in the best position to operate at their highest
capacity. Amici are competing domestically and internationally with
companies inside and outside the United States in places where all
couples, regardless of whether they are of the same sex, are afforded
equal access to marriage.</blockquote>
<p>
If one believes that protecting children is a priority, then so is
same-sex marriage. A third of lesbian couples and a fifth of gay couples
who live together already have children, according to the Census, and a
lack of access to marriage takes both social and economic security away
from them. A widow or widower with a minor child whose income falls
below a certain level can get social-security benefits based on the
deceased spouse’s earnings—but not if the spouse is of the same sex. The
same is true of tax laws, like the one affecting Windsor, that might
cost families their homes. Some opponents of same-sex marriage have
turned this on its head and wondered if it will cost the government too
much money. The answer, according to a <a href="http://www.cbo.gov/publication/15740">Congressional Budget Office study</a>,
is that it most likely will not, both because the amounts, though large
in the life of, say, a widow with a child, are not so large in terms of
the federal budget. The government will also make money from things
like imposing the income-tax marriage penalty on more couples, and from
some people losing eligibility for benefits when their combined income
is calculated. (There are harder-to-answer questions, like how much it
might save Medicare if, earlier in life, a person had access to
preventive care through a spouse’s insurance.) Marriage equality does
not inflate budgets; it removes irrational distortions from them.
</p>
<p>
And that is why, if one believes in protecting free markets, then
same-sex marriage should be a priority, too. This is the point that the
amicus brief made with regard to recruiting. It hurts companies and the
economy when the choice in taking a job at one firm or the other is not
based on its salary offer or a belief in its prospects, but by whether
it is based in a state the recognizes the employee’s marriage. It hurts,
too, when a spouse who is a foreign citizen is not welcome here.
And—something the corporate brief also mentions—there is the wedding
business to consider, too. Last summer, New York City estimated that it
gained two hundred and fifty-nine million dollars from same-sex
marriages in the first year that they were legal in the state. “Marriage
equality has made our city more open, inclusive, and free—and it has
also helped to create jobs and support our economy,” <a href="http://money.cnn.com/2012/07/24/pf/gay-marriage-economic-impact/index.htm">Mayor Bloomberg said</a>.
</p>
<p>
But there are less obvious ways that a failure to recognize same-sex
marriage can reduce the transparency that helps the private sector
thrive. For example, the Windsor brief notes that <small>DOMA</small>
has the effect of exempting same-sex spouses of politicians and public
officials from financial-disclosure requirements. It also denies them
the protection of laws that, for example, make threatening the spouse of
a federal agent a crime.
</p>
<p>
I.B.M. didn’t know it at the time, but it came close to losing Edith
Windsor when, as her brief recounts, it “unwittingly ran afoul” of an
executive order that forbade companies with federal contracts from
having gay or lesbian employees—the order was issued in 1953, the year
before the computer pioneer Alan Turing, who had faced similar barriers
in Great Britain, killed himself by eating <a href="http://www.newyorker.com/online/blogs/closeread/2011/08/alan-turings-apple.html">a poisoned apple</a>.
Luckily, the F.B.I. didn’t ask Windsor about the women in her life when
interviewing her for a security clearance (to work on that <small>UNIVAC</small>),
and I.B.M. didn’t find out, either; she wore a diamond pin, rather than
a ring, as a symbol of her long engagement to Spyer. And then she left
the company to care for a woman who, for many years, she could only say
was a friend.
</p>
<p>
<em>Photograph by Chester Higgins, Jr./The New York Times/Redux.</em>
</p></div>
</div>Comments</div></div><div id="comments_nyr_2000000002150771" class="">
<div class="">
<form method="get" action="" id="frmSubmitComment_nyr_2000000002150771">
<textarea cols="58" rows="10" name="text" class="" id="commentText_nyr_2000000002150771"></textarea><br clear="all"></form></div></div></div><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br>
<br><img src="http://users.moscow.com/waf/WP%20Fox%2001.jpg"><br>
</div>