Feeling - and Fighting - Federal Discrimination Here at GLAD
Every year, I sign up for GLAD’s Flexible Spending Account, which allows me to put aside some pre-tax dollars to pay for medical expenses – mine and my family’s – that aren’t covered by health insurance. My husband’s eyeglasses, co-pays, prescriptions and all-important Tums – it adds up. I really appreciate the benefit. But every time I sign up, I feel a little queasy, because right next to my office sits my colleague, attorney Nima Eshghi. Nima doesn’t even sign up for the FSA to use for her spouse, Kate. That’s because FSAs are federally regulated, and the federal government doesn’t recognize Nima’s marriage – as it does mine.
Today, at last, we get to do something about it. GLAD has filed the first serious challenge to Section 3 of the Defense of Marriage Act, which denies to married same-sex couples all federal laws and programs in which marital status is a factor. Gill et al. v. Office of Personnel Management is the result of years of research, strategizing, collaborating, and blood, sweat and tears by GLAD’s great legal team: Mary Bonauto, Gary Buseck, Nima Eshghi, and Janson Wu.
The inequities created by DOMA are so tangible, even here in the office of a gay rights organization! Straight married people can file federal tax returns jointly – while our gay married colleagues cannot. For some people, that’s hugely consequential – thousands of dollars lost every year that could be used for daily expenses, family emergencies, college funds. The wonderful kids of people I admired and respect – their families are treated as second class. When we talk about the federal government taking one class of married people and dividing it in two – those who get federal benefits and those who do not – we see it here every day in our office.