Not Just A Word…

by Brian Leubitz

When it comes to marriage, the word itself is a powerful validation of our relationships. But, when it comes to the law, there’s a lot more than just that. In fact, there’s over 1,000 federal rights bestowed by a marriage that isn’t covered under the so-called “Defense of Marriage Act.”  And as one of those who is in one of the marriages covered by DOMA, let me tell you, it is a huge headache come tax time.  But, you don’t need to take my word for it, here’s a story from the New York Times website:

Gay couples have complicated financial lives, and preparing tax returns is no exception.

Since the federal government doesn’t recognize same-sex marriage, gay couples who are living in states that do recognize their various legal unions must still file separate federal returns. That requires more record-keeping and planning than their heterosexual counterparts — and oftentimes, gay couples will have to pay more to an accountant to prepare their returns.

To just file my taxes, I have to first create a tax return as an individual for the federal government. As far as they concerned, my husband is a stranger under the law.  So, after I submit that tax return, I then have to create a fake federal tax return to file, pretending that I actually filed as married.  I then have to add my state tax return and then ship that whole thing off to the Franchise Tax Board.

Of course, that’s far from it. Along the way of that process, I have to deal with pitfalls, strange questions that aren’t answered by TurboTax or any major tax software, and then try to find answers online or from a friend who has some history with tax law. Not only is it offensive to be denied the name marriage, it’s also expensive and headache producing.

While the Prop 8 folks argue extensive their tired old theories, there is no excuse for this federal discrimination. DOMA must be repealed. Completely. Marriage is a function of state law, and the federal government should recognize all marriages ordained by the state.  Furthermore, the federal government, even if it isn’t so “brave” as to call marriage “marriage” for everybody, at least need to recognize unions that already exist.

Back in November, we got something of a jolt of good news when the federal health care bill included a provision that would treat health benefits for married couples and same-sex partners the same under tax law. That would make health insurance affordable for many more same-sex couples. As you know, legislation is very chaotic, and that’s especially the case for the health care legislation.  We’ll see if that provision remains in any bill that emerges from Congress, but such a provision would be a great first step in the right direction.

Marriage is a critical word. But, there’s so much more substance behind that word. We need to ensure that we get both the word and the substance.