QUEERLY BELOVED

IRS won't recognize same-sex marriage

Agency says homosexual couples cannot file joint tax return

 

WorldNetDaily.com from the Web, June 17, 2004

 

In a clarification that threatens the viability of same-sex marriages, the IRS says homosexual couples cannot file joint tax returns because they would be in violation of the Defense of Marriage Act.

The IRS says the 1996 statute, signed by President Clinton, means "only married individuals under this definition could elect to file a joint tax return."

The judgment came in a letter from IRS Communications and Liaison Chief Frank Keith in response to a query by a conservative pro-family group, Public Advocate of the United States, reported CNSNews.com.

The Defense of Marriage Act, or DOMA, says states will not be forced to recognize homosexual marriages granted in other states and legally defines marriage as the union of one man and one woman.

Even when states legally recognize homosexual unions, "that recognition has no effect for purposes of federal law," the June 14 letter said.

Jesse Binnall of Public Advocate told CNSNews.com he regards the IRS response as "a victory for the American family."

"Now we have something from a federal government agency saying that ... the court in Massachusetts may recognize this sham marriage, bureaucrats in San Francisco may recognize your marriage, but the government of the United States of America does not recognize these sham marriages," he said.

CNSNews.com said requests for comment from the National Gay and Lesbian Task Force; Parents Family and Friends of Lesbians and Gays; and Lambda Legal were not returned yesterday or today.

As WorldNetDaily reported (story), Senate Republicans plan to force Democrats to choose sides on same-sex marriage by scheduling a vote on a constitutional amendment in mid-July.

The vote on the Federal Marriage Amendment, which bans same-sex marriage, would take place just as the Democratic Party prepares to begin its presidential nominating convention in Boston, according to Roll Call, the Capitol Hill newspaper.

The enactment of same-sex marriage in Massachusetts last month strengthened the resolve of traditional marriage defenders to pass an amendment.

The Massachusetts high court decided Nov. 18 (story) homosexual couples are legally entitled to wed under the state constitution and should be allowed to apply for marriage licenses, overturning a ruling by a lower court in May 2002.

The Federal Marriage Amendment says, "Marriage in the United States shall consist only of the union between a man and a woman. Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."

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