New Threats Facing LGBTQ Members In The Workplace
their union was suddenly thrown into question? And
do you have a clear idea of how such actions might
impact the children of that family?
If marriage is a fundamental right, then married
couples, specifically LGBTQ married couples, should
be able to freely enjoy stability and security in their
marriages and in their family lives. Imagine the
stress and consternation living with the uncertainty
of whether your marriage and family could be
undermined by an impending court ruling?
It’s not a far-flung scenario, as right before the
appointment of Justice Amy Coney Barrett, Justices
Samuel Alito and Clarence Thomas expressed their
view that Obergefell should be overruled in order
to protect the religious liberty of people such as
Kim Davis, the Kentucky Clerk who refused to grant
marriage licenses to same-sex couples because
she claimed that to do so would cause her to violate
tenets of her religion.
In addition, Supreme Court Justices Antonin Scalia &
John Roberts were dissenting opinions in the original
case. Ultimately, same-sex marriage laws may fall
back to the individual states to legislate which would
lead to a hodge-podge of laws nationwide.
Is your company and HR department ready to handle
such a decision should it come? Right now, as
trailblazers in workplace inclusivity and diversity, HR
leaders must critically assess how their programs
are treating LGBTQ employees, especially those that
have married and are starting families. Understand
the issues they face and the potential challenges that
might upend their families should a Supreme Court
ruling not go their way.
Victoria Ferrara is the Founder & Legal
Director of Worldwide Surrogacy.
Victoria brings over 25 years of
experience practicing assisted
reproductive technology law and
surrogacy law to help people make their
dreams of family come true.
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