COUNTY OF LEHIGH

Office of the Commissioners

Geoff Brace
Commissioner



Government Center
17 South Seventh Street
Allentown, Pennsylvania 18101-2401
Phone: 610-782-3194
Fax: 610-871-2886

MEMO
To: Lehigh County Board of Commissioners, Lehigh County Executive

From: Geoff Brace, Lehigh County Commissioner

Date: 5/23/2014

RE: Benefits for Legally Married Same-Sex Employees

In light of the recent ruling in the Whitewood vs. Wolf case as decided by Judge Jones in the United
States District Court for the Middle District of Pennsylvania, today I am formally intruding a proposal
to amend Lehigh Countys policy on benefits for legally married same-sex employees. The
Whitewood vs Wolf ruling concluded that Pennsylvanias laws on same-sex marriage violated the Due
Process and Equal Protection Clauses of the Fourteenth Amendment of the US Constitution. The
ruling permanently enjoined the enforcement of the laws immediately. No stay was extended.
Governor Corbett has stated he will not appeal the ruling.

The Department of Law responded to my legal requisition to determine how the United States Middle
District Court opinion of Whitewood vs. Wolf impacts the County of Lehigh? In the short answer
section, the Attorneys Sorrentino and Jarrah state, we advise that the Lehigh County Board of
Commissioners enact legislation supporting the mandated requirement, adding, Simply put, the
legislation should state Lehigh Countys intent to comply with the new law by offering legally married
same-sex employees the same benefits it extends to legally married opposite-sex employees. In light
of the ruling in Whitewood vs. Wolf and the recommendation of our attorneys, I have asked that a
proposal be drafted to comply with the ruling in Whitewood vs Wolf. That proposal is introduced as an
ordinance.

The need for this ordinance arose as a result of the Board of Commissioners policy determination in
the 2014 budget. That policy determination was the basis for the County Executives decision to
rescind the executive order issued in December 2013. As the policy making body for the County of
Lehigh, it is solely our responsibility to rectify this situation.

Reports confirm that on May 21
st
, Northampton County had begun the process of processing
paperwork for equal spousal benefits for county employees for same-sex spouses of county employees
who are legally married in other states or who get married in Pennsylvania. In addition to the legal
considerations, this is increasingly becoming a human resources imperative. A recent survey showed

COUNTY OF LEHIGH
Office of the Commissioners

Geoff Brace
Commissioner



Government Center
17 South Seventh Street
Allentown, Pennsylvania 18101-2401
Phone: 610-782-3194
Fax: 610-871-2886

that 60% of Fortune 500 companies offer these benefits, which indicated that the benefits make good
business sense as the companies can attract and retain the best and the brightest employees who might
otherwise be concerned about their ability to include a partner in his or her employment benefits.
Pennsylvania state employees have received these benefits since 2009. Additionally, some of the
regions largest employers offer benefits to employees in same-sex marriages, including Lehigh Valley
Health Network, St. Lukes Health Network, Air Products, PPL Corp and Lehigh University.

Concerns about costs need to be considered with two perspectives in mind. Certainly, there are costs
to providing the benefits and I have a request to the Director of Administration and Director of Human
Resources to obtain an estimate based on applications submitted in 2013. Additionally, we need to
consider the costs associated with legal action, including action already taken against Lehigh County
by an employee. That legal action is being pursued as a civil rights violation, meaning our cost could
include not only the actual costs of a judgment that would require us to provide the benefits, but also
the costs of attorney fees and other damages that the court may award. In the long run, the costs of
such legal action could be significantly higher. In light of the recent Whitewood vs. Wolf decision, I
think we need to assume the lawsuits contain merit. I would submit for consideration that our
unwillingness to act upon the recommendation of our attorneys on this matter would be not only ill-
advised, but would open the taxpayers of Lehigh County to significant legal costs that we simply
cannot afford.

The ruling in Whitewood vs. Wolf is the law of the land. I have a long-standing belief that it is right
and just. I understand that some of my colleagues will disagree with this assessment. Truthfully, that
disagreement is inconsequential. As of May 20, 2014, the definition of marriage exclusively as
between members of the opposite sex is no longer law in Pennsylvania. We are bound by oath to obey
the ruling laid forth in Whitewood vs Wolf, whether we agree with that ruling or not.

I hope you will join me in acting favorably on this resolution. Thank you for your consideration.
Please do not hesitate to contact me to discuss further.