It’s worth a nickel

I’m posting the text of an open letter to the Human Rights Campaign Business Council, which I gladly signed. It advocates that they measure on their equality index those companies who offer benefits not just to same-sex partners, but unmarried opposite-sex partners.

I have a pretty unique family, of my own choosing, and I don’t really want my government or my employer defining my family for me.

It’s long, but it’s a good read.

To: The Human Rights Campaign Foundation

Re: Corporate Equality Index 2.5 Rating System Update

We the undersigned are committed to working in concert with the Human Rights Campaign in the fight for LGBT equality in the American workforce. The work that the HRC has done in establishing and publishing the Corporate Equality Index report has been a tremendous accelerator for LGBT equality and has played a vital role in regards to benefits parity for our community. Understanding that the CEI is a work in progress…

We are writing this letter to request that Domestic Partner Benefits for Mixed-Sex Couples be added to the 2.5 Rating System Update as part of the HRC’s movement to obtain complete Benefits Parity and Equality for LGBT employees of American corporations.

The following arguments support this request:

Support Statement One: Our Right to Define Our Families

The HRC should not condone any corporation which chooses to impose its own definition of “family” to determine benefits eligibility when one of the key principles of the LGBT civil rights movement is to denounce those that will do so to justify discrimination against LGBT persons. This is about giving all couples (gay/lesbian/straight/bi/trans) the opportunity to define who their partner/spouse is and gain benefits accordingly. This should be a guiding principle of the Human Rights Campaign.

Support Statement Two: Transgender Benefits Parity and Equality

Having mixed-sex benefits parity and equality is a very important issue for the transgender community. Because of the current laws regarding gender transition, marriage and benefits, transgender employees often lose benefits during transition. Some states regard transitioned people as members of their presenting sex, while others regard them as members of their birth sex, so (for example) a transitioned person forming a mixed-sex relationship in a state where their transition is not recognized will be regarded as being in a same-sex relationship, regardless of the couple’s appearance as a mixed-sex couple. The opposite scenario could also occur. And some states do not recognize transitions at all, so a person born in Ohio, Tennessee, or Idaho (right now) will never be able to obtain a revised birth certificate unless there are significant changes in the laws of those states. Without both mixed-sex and same-sex DPBs, transgender people may always be at risk of having their relationships invalidated, whether by the state where they were born, the state where they currently reside, or by the company for which they work.

Support Statement Three: Bisexual Benefits Parity and Equality

For many bisexual people, marriage is not an option, either because they are in same-sex relationships, or because they are in mixed-sex relationships and refuse to get married until marriage is legal for same-sex couples. These “marriage resisters” are a significant voice in the bisexual community and believe strongly in acting in solidarity with those in the LGBT community who don’t have access to marriage. In addition, some bisexuals in mixed-sex relationships feel that marriage is an institution of the church and/or government and refuse to interact with that institution; others simply feel that marriage just does not work for their belief system.  Therefore, when a corporation denies employees mixed-sex DPBs, it sends a message that bisexuals do not have the right to define their own families and are not as valued as other employees.  And, when an organization like the HRC does not fully support mixed-sex DPBs, it sends a message that bisexuals are only considered part of the LGBT community when they are with a same-sex partner.

Support Statement Four: Heterosexual Benefits Parity and Equality

An increasing number of heterosexual couples are choosing not to get married for many of the same reasons as mixed-sex bisexual couples. Why should this matter to the LGBT community? If we truly want the heterosexual community to accept the LGBT community and consider us equal then we must be willing to fight for equality for all people. A very important movement in the LGBT community relative to corporate ERGs is to seek out and gain support from our straight allies. Support for mixed-sex benefits parity sends the message that we support our allies as much as they support us.

Support Statement Five: We’re Almost There in Practice

67% of all the CEI rated corporations currently offering DPBs to same-sex couples also offer DPBs to mixed-sex couples. With 260 corporations scoring 100 on the 2009 CEI, it is time to raise the bar.

We understand that there will be opposition to some of the statements we have made above. The following three points were created in an attempt to counter these oppositions.

Oppositional Statement One: It Will Hinder the Fight for Same-Sex Marriage

It dilutes the focus from the effort to protect LGBT people into protecting people who already have other options.

Counter Statement: Domestic Partner Benefits and Marriage are Not Equal

Marriage, as an institution of government and church, is not equal to DPBs. In addition, not everyone has the opportunity to work for a corporation. The fight for marriage equality is still important as is the fight for DPBs equality.

Oppositional Statement Two: Mixed-Sex Couples Can Marry to Obtain Benefits

Same-sex DPBs are intended to give same-sex couples benefits they cannot achieve any other way.

Counter Statement: Forced Marriage is Not Equality

Just because marriage is an option for mixed-sex couples doesn’t mean they should be forced into solely for the purpose of obtaining benefits it if it isn’t their choice.

Oppositional Statement Three: Same-Sex DPBs Reinforce Marriage Where Marriage is an Option

Mixed-sex DPBs undermine marriage by allowing people to receive the advantages of marriages without taking the responsibilities of marriage.

Counter Statement: Enforcing Morality is Not Our Job

It is not for us to enforce a particular version of morality by advocating for only one type of DPBs.

The Bottom Line: 67% of the companies in the CEI report that offer DPBs to their employees do not have a sex or gender qualifier. This indicates that there is a majority support for this case by the 260 companies who currently score 100 in the CEI. If company A provides DPBs without a sex or gender qualifier and company B provides DPBs but only for couples of the same sex, these two companies are not both treating their employees equally and therefore should not be scored equally on the CEI that is published by the Human Rights Campaign.

Again, we fully recognize and value the outstanding contribution the HRC has made to the LGBT community… and request that Domestic Partner Benefits for Mixed-Sex Couples be added to the 2.5 Rating System Update as part of the HRC’s movement to obtain complete Benefits Parity and Equality for all employees of American corporations.

We understand that the next HRC meeting to discuss the 2.5 updates to the CEI will be held on October 1, 2008 and we hope that this letter will be used as part of this discussion.

The motion to file this letter came out of the 2008 Out & Equal Workplace Summit. The first draft of this letter was created on September 15, 2008. With the help of many of the undersigned, the final version was completed on September 26, 2008. During this time 33 signatures have been obtained.

This is not a corporate sponsored request and thus many of us have declined to state the company for which we are employed. However, we feel it is important to note that these 33 signatures span 3 countries, 12 states and 24 different corporations & businesses. We are managers, executives, directors, vice presidents, presidents and regular employees. We are Gay, Lesbian, Bisexual, Transgender and Straight. Many of us are Out & Equal Summit Attendees and/or Presenters. Many are corporate ERG leaders. But most importantly, we are leaders in our community who are dedicated to the realization of equality for all human beings. We are the people the HRC is fighting for.

Thank You.