Legal Question in Business Law in California

I think you should hire a local attorney to consult with to determine your rights and obligations to your employees.

I think you should talk with some groups to see the impact that blatant discrimination has on real people.

Further, I think you should seriously think of how you would feel if your employer decided to discriminate against you for being who you are.

No. Holding a religious belief to the contrary does not permit you to discriminate against people who are legally protected. People of the same sex who are legally married are entitled to the same benefits and compensation in California as those who are of opposite sexes. The same is true for people who hold different religious beliefs, are of a different race, have children, or are pregnant, for example.

Employment discrimination based on sexual orientation is against the law in California -- you would lose the lawsuit. If he was legally married prior to the passage of Proposition 8, or if he were to in the future lawfully marry (subsequent to the current federal appellate court proceedings involving the constitutionality of Proposition 8), pay him.

The legal status of same-sex marriages in California is under judicial review. If or when a marriage is found legal under the law, an employer will not be allowed to discriminate between married persons on the basis of the partner's gender.

If the same sex marriage is declared legal or is legally entered into, as some state legislation allows same sex marriages, you are bound to provide your employee, as employer, with all the benefits provided for by law to married employees. The law applies to everybody, regardless of their religious beliefs and the same cannot be used and is not allowed by any legislation to be used as a means to discriminate against those who are legally protected.

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