Tony Perkins, president of the Family Research Council and a leading opponent of gay marriage, is applauding the U.S. Court of Appeals for the Sixth Circuit for its recent decision to uphold anti-gay marriage laws in four states. The decision is making headlines because it splits the circuits on gay marriage. Across the divide, gay marriage advocates are rallying for a showdown in the Supreme Court. But both sides are missing the real issue—even if all 50 states approve some form of same-sex marriage, discrimination based on sexual orientation is still quite legal and quite common in many states and not prohibited by federal law (unless the plaintiff is a federal employee or contractor). So if a couple legally marries in New York, but lives in Georgia, both parties could legally be fired for being in a same-sex relationship.
Regardless of one’s position on gay rights, from a legal perspective, getting fired for being gay is just one of many forms of sexual orientation discrimination. Failure to promote, unequal pay, hostile work environment, and harassment are commonplace. Even when a lesbian or gay employee works for a company where these issues are not present, that employee may not be able to obtain benefits for his or her domestic partner or spouse.
