
Paul Sakuma/AP
Jerome Nicolas, left and Randy Matsuno, right, from Honolulu, give the Hawaiian "Shaka"
sign after their marriage at San Francisco City Hall. (AP)
Jerome Nicolas, left and Randy Matsuno, right, from Honolulu, give the Hawaiian "Shaka"
sign after their marriage at San Francisco City Hall. (AP)
Legal Red Tape Marks End of Honeymoon for Gay Marriage
by
Rachel Balik
Gays can be legally married in two states, but the Defense of Marriage Act ensures that legal complications are ubiquitous.
30-Second Summary
Gay couples who wed in Massachusetts or California and declare themselves as married on the 2010 census report will have their answer changed by the U.S. Census Bureau. They’ll be listed instead as unmarried same-sex partners. Molly McKay, a gay-marriage advocate who is engaged to her partner of 12 years, points out that the government ought to know who is married in order to evaluate costs of benefits. Instead, she says, “It’s like the federal government is trying to say that we don’t exist.”
The director of the Census Bureau, Steven Murdock, explains that the census relies on citizens’ responses to questions about age, ethnicity, religion and income without fact-checking, but will have to alter answers of same-sex couples who state they are married. “It really should be what you say you are, not what I perceive you to be,” he said.
Gay couples, whether they are married or in a civil union, are also unable to file federal taxes as a family. Some couples incurred extra fees this year because the H&R Block software would not allow them to file their taxes online.
The root of the problem is the 1996 Defense of Marriage Act, a federal law which defines marriage as “only a legal union between one man and one woman as husband and wife.” Gay marriage is now legal in California and Massachusetts and will be recognized by the state of New York, but the law mandates that, “in determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States,” only heterosexual marriages can be recognized at the federal level.
The director of the Census Bureau, Steven Murdock, explains that the census relies on citizens’ responses to questions about age, ethnicity, religion and income without fact-checking, but will have to alter answers of same-sex couples who state they are married. “It really should be what you say you are, not what I perceive you to be,” he said.
Gay couples, whether they are married or in a civil union, are also unable to file federal taxes as a family. Some couples incurred extra fees this year because the H&R Block software would not allow them to file their taxes online.
The root of the problem is the 1996 Defense of Marriage Act, a federal law which defines marriage as “only a legal union between one man and one woman as husband and wife.” Gay marriage is now legal in California and Massachusetts and will be recognized by the state of New York, but the law mandates that, “in determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States,” only heterosexual marriages can be recognized at the federal level.
Headline Links: Census Bureau and IRS won’t recognize gay marriage
The Defense of Marriage Act prevents the Census Bureau from including gay marriages in the 2010 count. Gay couples can be included on the census as “unmarried, same-sex partners.” They will be represented on the survey, but if they say that they are married, their answers will be modified. The director of the Census Bureau, Steven Murdock, will abide by the rules, but doesn’t agree with them. He notes that people’s responses pertaining to race, ethnicity, age and income are taken at face value. “It really should be what you say you are, not what I perceive you to be," he said. Molly McKay, who plans to wed her partner of 12 years in California, argues that counting marriages would be helpful in terms of assessing benefit costs. She adds, “The notion that the federal government is going to come in and erase our existence is un-American.”
Source: MSNBC
Jason Smith and Settimio Pisu, who are partners in a civil union, sought the assistance of the American Civil Liberties Union after they were unable to file their taxes online with H&R Block software. The couple then had to pay extra fees to file. The glitch occurred because Connecticut residents can file state and local taxes as a same-sex couple, but the federal government does not recognize civil unions. Block determined it would be easier for such couples to speak with a representative, but will compensate all gay couples that encountered this problem with $100 coupons or complimentary TaxCut software.
Source: Kansas City Star
Background: Gay marriage legalized in Mass. and Calif., recognized in N.Y.
Massachusetts legalized gay marriage in 2003, but in 2006, the Supreme Court upheld a 1913 Law preventing nonresident couples from marrying in Massachusetts. In July 2008, the Senate voted to repeal the law, thus allowing out-of-state couples to wed there.
Source: findingDulcinea
In June, 2008, California became the second state to legalize gay marriage. Couples from any state can come to California to get married, but their home state may not recognize their marriage.
Source: findingDulcinea
Although the federal government does not recognize gay marriage, Governor David Patterson ordered laws and statutes in New York State to be modified in order to recognize gay marriages from Massachusetts and California.
Source: findingDulcinea
Related Topic: California county clerk avoids performing gay marriages
The Clerk’s office of Kern County, California stopped performing marriages of any kind in June 2008, after gay marriage became legal in the state. County Clerk Ann K. Barnett said her decision stemmed from concerns about budget and administrative logistics, but she was known for being opposed to same-sex marriage. Many activists say the timing of the announcement raises suspicion. A member of Barnett’s staff said that Barnett “fully expected to be sued” for her decision.
Source: The New York Times
Reference: The Defense of Marriage Act
The Defense of Marriage Act was passed in 1996. The act set a definition of marriage to be upheld by all federal agencies. It reads: “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.’”
Source: Library of Congress

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