Tax Time

2009 March 15 at 1:25 PM (2009, GLBTQI rights, Prop. 8, civil rights)

I just did my taxes today. Usually, when I think of taxes, I think of schools, public transit, Medicare/Medicaid, and all the other happy benefits that serve the common good. I also think of wars, nuclear stockpiles, torture, surveillance, and tax cuts that favor the wealthiest in this country. This year, I thought of Stuart and John (PDF) and John’s speech at the anti-DOMA rally in January, where he held up a 1040 (the primary federal income tax filing document in the U.S.) and talked about how the federal government forces him and every other married same-sex couple to commit perjury when they file as Single.

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John Lewis, holding a 1040 form, and his husband, Stuart Gaffney, at the January 10, 2009, anti-DOMA protest in San Francisco.

Due to the Defense of Marriage Act, married same-sex couples in MA and CT need to do an extra set of tax forms. State tax forms rely on the federal 1040, and although same-sex couples can file state taxes as Married Filing Jointly, they have to file their federal taxes as Single, because the federal government does not recognize their marriages. Therefore, they have to fill out federal 1040s as Single, redo a dummy 1040 as Married Filing Jointly, and use the second 1040 to fill out their state taxes. The humiliating reminder that same-sex marriages are considered fake, invalid outside of MA, CT and NY, and inferior to opposite-sex marriages is further aggravated by the fact that this routine is required by government institutions. Being discriminated against by private individuals is bad enough; tax season brings constant reminders of marriage inequality and government-perpetuated discrimination in the form of every casual conversation and complaint that people make about taxes. Having to pay higher federal taxes than you would if you could file jointly, and having your nose rubbed in that fact by the dummy 1040s that you have to fill out, are just the cherry on top of the insult-ridden sundae.

As for couples in California…I don’t even know what to say. They have to go through the same extra 1040 routine that couples in MA and CT do, but looming over it all is the fear that the state Supreme Court might invalidate their marriages. Originally, I wasn’t sure if couples that were married between June 15, 2008, and November 5, 2008, could even file as Married Filing Jointly in California, since same-sex couples are no longer allowed to marry in this state, but I think they can, since the court hasn’t yet ruled on the validity of same-sex marriages (obviously, if you’re in this boat, talk to an accountant and ignore my speculations!).

Tax time is just another reminder that queers are not equal in the eyes of the law, one in a string of constant reminders.

Note: If any idiotic tax protest spammers comment, I’m deleting and banning them.

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