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If DOMA is overturned

Will my civil union be considered a marriage for Federal tax purposes (as it currently is in CA)in all 50 states?

Or will my partner and need to have a marriage performed?

by Anonymousreply 2006/26/2013

sorry for spacing and word omission errors.

by Anonymousreply 111/14/2012

you will have to have a marriage performed.

by Anonymousreply 211/14/2012

Unless and until federal statutes are re-worded (or interpreted by courts) to treat civil unions/registered domestic partnerships as marriages, you'll need to get married to be entitled to the federal benefits afforded married couples.

by Anonymousreply 311/14/2012

The feds already make CA "domestic partners" (not legally married) and legally married gays file a federal income tax form to show their community property tax and then they penalize us for it. I think Tax Troll said it seemed blatantly discriminatory since DOMA forbids any federal recognition of gay marriage but unfortunately no one seems to be suing the feds because of it.

[quote]This small taste of equality, it appears, could come at quite a price — one that heterosexual married couples do not pay.

The New York Times

by Anonymousreply 411/14/2012

DOMA = The Clinton Legacy

by Anonymousreply 511/14/2012

r5, Clinton's compromise he could broker with the Republicans who didn't want to change the anti gay status quo in the military in the first place.

by Anonymousreply 611/14/2012

Oooh DOMA, oooh DADT. Hurray for compromise.

(Obama just told us we voted for action and compromise. We voted for action, compromise is his idea.)

by Anonymousreply 711/14/2012

R6 we're discussing DOMA not DADT, Clinton's other anti-gay gift.

by Anonymousreply 811/14/2012

The reversal of DOMA will allow legislation to move forward for Federal marriage recognition.

DOMA was preemptive.

Once rescinded, either lawsuit or legislation will have to follow.

by Anonymousreply 911/14/2012

Even though DADT was morally questionable, it was basically "shut up about it and you get to keep your job". The execution was abused, but that was the Military, not the Clinton's.

DOMA was not, DOMA was nasty, you don't deserve equal rights so says the law - hardcore style. DOMA is far the greater evil.

by Anonymousreply 1011/14/2012

Question: What would the Supreme Court decide on DOMA? I've seen lots of talk about "full faith and credit." If the SC strikes down DOMA, would Texas (for example) be required to recognize a same-sex marriage from Massachusetts? Would that effectively legalize SSM in this country?

by Anonymousreply 1111/14/2012

I don't know about you, R4, but my RDP and I benefitted significantly on our federal income taxes thanks to DOMA. Yes, we had to report our income as community property even though we were not filing as a married couple. But, judging from the "shadow" married-filing-jointly return we had to prepare for our California taxes, we would have had to pay tens of thousands more in federal income tax had we filed jointly at the federal level.

I know that's not true for every same-sex couple, and I fully support the repeal of DOMA. But I have taken particular glee in filing my federal returns these past few years.

by Anonymousreply 1211/14/2012

If the Supreme court rules DOMA unconstitutional, can the Federal Government be sued for lost tax benefits?

by Anonymousreply 1311/14/2012

[quote]we would have had to pay tens of thousands more in federal income tax had we filed jointly at the federal level.

Oh bullshit. tens of thousands? MARY!!!

by Anonymousreply 1411/14/2012

I don't think so, R11. First, none of the DOMA cases currently up for review by the Court challenges the provision that allows one state to refuse to recognize another state's marriage; they challenge only that section of DOMA that refuses to recognize valid same-sex marriages for federal purposes. And the Full Faith & Credit Clause of the U.S. Constitution has always had a public policy exception that allows one state to refuse to recognize another state's marriages (for example, when one state allows 14-year-olds to marry and another does not).

by Anonymousreply 1511/14/2012


by Anonymousreply 1611/15/2012

DOMA overturned guys! Fuck YEAH!!!!!

by Anonymousreply 1706/26/2013

no, r17. It wasn't overturned. Only sec 3.

by Anonymousreply 1806/26/2013

OP I doubt it unfortunately. You would have to get a marriage from one of the states that allow gay marriage-- not civil unions or domestic partnerships. I could be wrong.

by Anonymousreply 1906/26/2013

Let's Eat CAK!

by Anonymousreply 2006/26/2013
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