Tech companies: Gay marriage ban is bad for business

Companies such as Apple, Facebook, eBay, and Intel will add their support in the legal fight against bans on same-sex marriage, Fortune reports.

Donna Tam
Donna Tam Staff Writer / News
Donna Tam covers Amazon and other fun stuff for CNET News. She is a San Francisco native who enjoys feasting, merrymaking, checking her Gmail and reading her Kindle.
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Some big-name tech companies are adding their support for same-sex marriage and making the case that banning these unions deters employee recruitment efforts.

Dozens of companies, including Apple, Facebook, eBay, and Intel, will file an amicus brief -- a court document field by an interested group that is not actually a party to the case -- on Thursday to declare their support, Fortune reported today.

Facebook publicly announced its support through a message on its "LGBTQ@Facebook" page.

"This week, Facebook is proudly joining many other businesses in submitting briefs to the U.S. Supreme Court supporting same-sex marriage," the message read. "The briefs explain to the Court how the Defense of Marriage Act and California's Proposition 8 discriminate against employees in same-sex marriages and create undue burdens on companies and employees."

The companies will file the brief in connection with the Hollingsworth v. Perry case, which will decide whether the Fourteenth Amendment prohibits California from defining marriage as a union between a man and a woman. The Fourteenth Amendment prohibits states from denying any person equal protection under the law.

The companies argue that a ban would make it harder for businesses in California to hire potential employees if those employees think they would receive better treatment and benefits in another state, or another country, according to the draft brief obtained by Fortune.

The tech companies join dozens of others, as well as top Republicans, including HP's Meg Whitman, who think the state should not ban gay marriage.

Update, 6:28 p.m. PT: Updated with Facebook's statement.