Can Legally Married Gays File Fed Tax Return As "Married?"

[stopbush]

Anybody know? Just wondering.

BTW - any word on Prop 8 here in CA? I haven't heard a peep since last month. When is the ruling expected? Do you think the actions in Iowa and elsewhere will impact the CASC's decision?

[Barack_America]

1. That's a very interesting question.

Mind if I wait for an answer along with you?

[Critters2]

2. No. nt

[Bluebear]

3. No.

[Toucano]

4. No

Federal Defense of Marriage Act prohibits this.

[stopbush]

5. Sounds like the DOMA has to go, wouldn't you say?

[Toucano]

7. I'm on it. n-t

[MADem]

6. NO. DOMA gets in the way. It's the same thing that gets in the way of the whole DADT thing. NT

[Ian David]

8. Only if you either want to go to jail, or fight DOMA in Federal Court. n/t

[Toucano]

10. Could be a good path the fight it, actually.

I would argue that the "equal protections" clause requires the feds to recognize state marriage laws.

Whatever happened to the "full faith and credit" clause regarding same-sex marriage?

[Ian David]

11. I'm not a lawyer. Don't look at me. n/t

[northzax]

13. there's no doubt that DOMA is unconstitutional

but it served a valuable purpose, honestly, since it held off a constitutional amendment that might well have passed a decade ago. now I don't think it would get 2/3rds of states and every year that passes it will get harder.

[Toucano]

14. Perhaps patience will be rewarded. n-t

[jody]

16. Ratification requires 3/4 of the states. n/t

[Thothmes]

23. Do you think the current Supreme Court

would see it as unconstitutional. Their's is the only votes that count if the issue gets to them. Of course, maybe our Congress will develope enough spine to repeal the DOMA

[progressoid]

15. That fight needs to happen soon.

Of course, Repugs who claim to cherish states' rights will suddenly clam up.

[billyoc]

17. DOMA claims to nullify "full faith and credit". I shit you not.

[Lex]

9. No. Nor qualify for the other's Social Security (as widow/widower), nor

claim the Federal Tax Exemptions that spouses get when inheriting property from a deceased spouse, nor get the same immigration treatment if marrying a foreign national.

And the list goes on . . .

[readmoreoften]

12. No.

If I was in a state where I could marry (state level) I would have been required to fill out two separate tax forms. One for the federal showing my partner and I as strangers, and one for the state showing us as married. How the house and the health insurance get divvied up is probably something for an accountant, which a couple can't afford on a freelancer+barista salary.

[LostinVA]

18. No, but you have to file "married" State (at elast in NJ)

Which totally fucks up Turbo Tax allowing you to e-file State returns.

It's ridiculous.

[mrbarber]

19. "Federal Defense of Marriage"

God that boil's my blood. "Defense" of bigotry and hatred is more like it, and pandering to the bigots.

And make no mistake, anyone who thinks marriage equality is wrong is a bigot, pure and simple.

[LostinVA]

21. Thank you!

[noiretextatique]

20. not federal returns

not sure about state returns.

[Rockholm]

22. Nope. Here in MA, I file my state returns as married, filing seperately.

Actually, I believe the government gets less from me while being forced to file as single. Fine.