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

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stopbush Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:44 PM
Original message
Can Legally Married Gays File Fed Tax Return As "Married?"
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?
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Barack_America Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:46 PM
Response to Original message
1. That's a very interesting question.
Mind if I wait for an answer along with you?
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Critters2 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:46 PM
Response to Original message
2. No. nt
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:48 PM
Response to Original message
3. No.
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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:48 PM
Response to Original message
4. No
Federal Defense of Marriage Act prohibits this.
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stopbush Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:50 PM
Response to Reply #4
5. Sounds like the DOMA has to go, wouldn't you say?
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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:51 PM
Response to Reply #5
7. I'm on it. n-t
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MADem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:50 PM
Response to Original message
6. NO. DOMA gets in the way. It's the same thing that gets in the way of the whole DADT thing. NT
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:51 PM
Response to Original message
8. Only if you either want to go to jail, or fight DOMA in Federal Court. n/t
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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:55 PM
Response to Reply #8
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?
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:59 PM
Response to Reply #10
11. I'm not a lawyer. Don't look at me. n/t
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 05:00 PM
Response to Reply #10
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.
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Toucano Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 05:02 PM
Response to Reply #13
14. Perhaps patience will be rewarded. n-t
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 05:26 PM
Response to Reply #13
16. Ratification requires 3/4 of the states. n/t
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Thothmes Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 07:06 PM
Response to Reply #13
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
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 05:02 PM
Response to Reply #10
15. That fight needs to happen soon.
Of course, Repugs who claim to cherish states' rights will suddenly clam up.
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billyoc Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 05:33 PM
Response to Reply #10
17. DOMA claims to nullify "full faith and credit". I shit you not.
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Lex Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 04:52 PM
Response to Original message
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 . . .

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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 05:00 PM
Response to Original message
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.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 06:02 PM
Response to Original message
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.
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mrbarber Donating Member (884 posts) Send PM | Profile | Ignore Wed Apr-29-09 06:10 PM
Response to Original message
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.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 06:39 PM
Response to Reply #19
21. Thank you!
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noiretextatique Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 06:26 PM
Response to Original message
20. not federal returns
not sure about state returns.
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Rockholm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-29-09 06:40 PM
Response to Original message
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.
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