IRS and Same Sex Marriage

[MoonRiver]

For tax purposes, doesn't there HAVE to be a federal law regarding the legitimacy of same sex marriage? Otherwise, regardless of what each state decides about the issue, how can IRS apply the marriage calculation to individuals' tax returns?

[Swede Atlanta]

1. This is a complex issue.......

A gay couple, even if legally married in a state, are not "married" for purposes of federal taxation because of DOMA.

The ironic thing about this is marriage has always been, and is today, the exclusive power of the states. There is no federal marriage license. All licensing is done by the individual states. So if a state declares a couple married, the fact they aren't considered married for federal taxation purposes turns this tradition upside down.

I don't know how couples that could otherwise be considered married for state tax purposes straddle the difference in their status between state and federal tax filing.

[Uncle Joe]

2. I would think so otherwise it's a violation of the First Amendment.

If a state says that same sex marriages aren't legitimate based on religious grounds what's to prevent them from outlawing marriages between atheists?

Thanks for the thread, MoonRiver.

[MoonRiver]

4. You're welcome! Interesting take about the insertion of religion into marriages between atheists.

I fear that might be next on the Rethug agenda, IF they get away with a national ban on same sex marriage.

[LiberalFighter]

6. I wonder if we should push to make it illegal for atheists to marry

and maybe get the backlash needed to get religion out of state and federal laws.

[Ruby the Liberal]

3. There is a case in Mass that is headed (hopefully) to SCOTUS

based on this very argument. The claim IIRC is that DOMA is unconstitutional because legally married people in MA aren't recognized by the federal government.

[MoonRiver]

5. That should be interesting. n/t