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.S. Sen. Gordon Smith, R-Ore.,
introduced legislation Oct. 2 to
simplify the tax code and address the
growing trend among both public and
private employers who have decided to
provide domestic partner benefits to
their employees.
“Every American should have access
to affordable health insurance regard
less of marital status," he said in a state
ment. “This legislation simply updates
the tax a x le to reflect a clear trend in
the Am erican workplace to expand
health coverage.”
More than one-third of Fortune 500
companies, as well as numerous state and
local governments, are providing health
insurance to the domestic partners of their
employees. However, federal tax law has
not kept pace with corporate changes in
this area, and employers who offer such
benefits and the employees who receive U .S. Sen. Gordon Smith, R-Ore., introduced
legislation Oct. 2 that would give fair tax treatment
them are taxed inequitably.
for domestic partners’ health insurance
Currently, the tax ctxle provides that
the employer’s contribution of the premium for all employer-provided health coverage is gcxxl
health insurance for an employee’s spouse is for employers, employees and the economy.”
excluded from the employee’s taxable income.
Winnie Stachelherg, Human Rights Cam
An employer’s contribution for a domestic
paign political director, added: “We commend
partner’s coverage, however, is included in the
this first Senate introduction of the Domestic
Partner Health Benefits Equity Act and ask for
employee’s taxable income as a fringe benefit.
In addition, the employer’s payroll tax liability
its quick passage. As companies increasingly
is increased.
offer domestic partner health insurance benefits,
“Passing this legislation will increase the
it’s critical to end the unfair taxation of this
number of Americans covered by health insur important coverage.”
ance by providing employers with a tax incen
Smith also is a lead sponsor of the Employ
tive,” Smith said. “Giving fair tax treatment for
ment Nondiscrimination Act, which would pro
hibit workplace bias based on sexual orientation,
along with fellow Senate Finance Committee
member Bob Graham, D-Fla. The bill was re
introduced Oct. 2 with strong bipartisan support.
In 1996, the Senate narrowly defeated
ENDA by a 49-50 vote. Last year, for the first
time, the legislation was recommended to the
full chamber with a bipartisan committee vote,
but it adjourned before taking action.
As intrcxluced, ENDA would not protect
trans employees from bias based on their gender
identity or expression. HRC and a leading
group of queer activists are in the process of
drafting legislation that would address this form
of discrimination.
“Clearly, many of our members will be more
secure in their jobs upon the passage of ENDA,”
Stachelherg said. “But until every G LBT Amer
ican can go to work without the fear of being
fired simply because of their sexual orientation or
gender identity and expression, we will not rest.”
S e n a t e C
o n f ir m s
M
as
osm an
for
O
D
is t r ic t
J udge
regon
y a unanimous vote Sept. 25, the U.S. Sen
ate confirmed U.S. Attorney Michael W.
Mosman as a judge on the U.S. District Court
for the District of Oregon. He was nominated
earlier this year by President Bush after he was
recommended for the position by Sen. Gordon
Smith, R-Ore., in consultation with Sen. Ron
Wyden, D-Ore.
Mosman was the subject of controversy in
March, when it was revealed that he played a
key role in the U.S. Supreme Court’s Bowers vs.
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Hardwick ruling, which upheld state sodomy
laws. At the time o f the 1986 decision, he wrote
two memos to Justice Lewis Powell, for whom
he was serving as a clerk, stating his belief that
the U .S. Constitution offered no privacy for
homosexuals.
Basic Rights Oregon met with Mosman in
April to discuss his current views on privacy,
parenting and employment rights for queers.
The next month BRO announced that it would
not oppose his nomination, believing he had
undergone a significant change of heart.
“President Bush made an excellent choice
when he nominated Mike, and the Senate con
firmed that decision with its unanimous vote,”
Smith said in a statement. “He has long served
Oregon and the nation with distinction, and 1
have the utmost confidence that he will contin
ue to do so on the District Court."
Wyden added: “Mike has worked hard to
show his commitment to equal rights for all
Americans. 1 believe his sense of fairness and his
long and outstanding experience as a prosecutor
in our state will serve the District Court and
Oregon well."
Before becoming U.S. attorney for the Dis
trict of Oregon in 2001, Mosman served as an
assistant U.S. attorney and worked in private
practice for a Portland law firm. He is a graduate
of Utah State University and the J. Reuben
Clark Law School at Brigham Young University.
“1 am honored to have this chance to serve," „
Mosman said. “ 1 have been impressed through
out this whole priKess with the fair-mindedness
of everyone involved. 1 am grateful to the presi
dent for nominating me and to Sens. Smith and
Wyden for their confidence and support."
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