Now that same-sex marriage has been legalized in New York, at least a few large companies are requiring their employees to tie the knot if they want their partners to qualify for health insurance.
Corning, I.B.M. and Raytheon all provide domestic partner benefits to employees with same-sex partners in states where they cannot marry. But now that they can legally wed in New York, five other states and the District of Columbia, they will be required to do so if they want their partner to be covered for a routine checkup or a root canal.
On the surface, this appears to put the couples on an even footing with heterosexual married couples. After all, this is precisely what they have been fighting for: being treated as a spouse. But some gay and lesbian advocates are arguing that the change may have come too soon: some couples may face complications, since their unions are not recognized by the federal government.
“Even with the complications, many people will want to get married for the reasons people want to get married,” said Ross D. Levi, executive director of the Empire State Pride Agenda. “But from our perspective, to hinge something as important as insurance for your family to what is still a complicated legal matter for same-sex couples doesn’t seem to be a fair thing to do.”
He said that there were a variety of reasons — legal, financial and personal — that companies should keep the domestic partnership option at least until gay marriage was recognized at the federal level. Legally speaking, getting married could create immigration issues or it could potentially muddy the process of adopting a child. In some instances, he added, an employee may work in a gay marriage state but live in a neighboring state that does not recognize the marriage. The couple may want to wait to marry until they can be legally wed in their home state.
“There are certainly reasons why a couple may not wish to marry,” added Camilla Taylor, marriage project director at Lambda Legal. “People with certain immigration statuses might want to think very carefully before getting married. There are some types of visas that are meant to be temporary, and if you get married to someone who is a citizen, it could flag your renewal application and reflect your more permanent decision to stay.”
http://www.nytimes.com/2011/07/09/business/some-companies-want-gays-to-wed-to-get-health-benefits.html?pagewanted=print