Same-sex couples denied federal benefits

The Oct. 23 Gazette editorial, “Clearer path to benefits policy,” regarding changes in domestic partner benefits following the Iowa Supreme Court decision about same-sex marriage is correct in stating the need to re-examine current policies. However, it doesn't present the entire story.

The statement that “now that the inequality has been righted, employers have a clear pathway to provide benefits to married couples only” overlooks the fact that same-sex marriages are still not recognized at the federal level.

Because of the regulations included in the ill-named Defense of Marriage Act (DOMA), policies that are governed by federal law rather than state law, including federal income tax and Social Security, do not recognize same-sex unions. That means that health insurance benefits provided by employers to same-sex partners, whether married or not, do not share the same tax deductibility as those for an opposite sex spouse.

It also means that large corporations that are self-insured and are therefore governed by federal ERISA regulations rather than state insurance law are not required to provide the same benefits to same-sex spouses that they do for opposite-sex spouses.

Taken together, the result is a confusing combination of regulations that make it difficult for both employers and employees to sort out.

Not until the Defense of Marriage Act is repealed and the more than 1,100 federal benefits and protections that come with marriage are made available to same-sex couples will the inequality be truly righted.

John Karn

Gay and Lesbian

Resource Center

Cedar Rapids