Warren Proposal Could Mean Tax Refunds For Married Same-Sex Couples

Massachusetts Senator and presidential hopeful Elizabeth Warren has proposed a plan to allow married same-sex couples to possibly recoup some of the taxes they paid before the federal government recognized marriage equality.
Sen. Elizabeth Warren (D-MA)

Massachusetts Senator and presidential hopeful Elizabeth Warren has proposed a plan to allow married same-sex couples to possibly recoup some of the taxes they paid before the federal government recognized marriage equality.

Warren recently re-introduced her proposal, titled ‘The Refund Equality Act,’ in the U.S. Senate.

Originally introduced by Warren in 2017, the goal of the legislation would be to allow same-sex couples to file amended tax returns in order to collect funds they paid when they were legally married but not allowed to file as married couples.

Current law allows Americans to file amended returns reaching back as far as three years, but Warren’s proposal would give same-sex married couples the right to re-file returns for the entire period the couple has been married.

In a statement, Warren said, “The federal government forced legally married same-sex couples in Massachusetts to file as individuals and pay more in taxes for almost a decade.”

In 2004, Warren’s state of Massachusetts became the first in the nation to recognize same-sex marriage.

But it wasn’t until the 2013 ruling by the U.S. Supreme Court, U.S. v. Windsor, that the federal government (including the Internal Revenue Service) allowed LGBTQ married couples to access some of the tax advantages of being married.

For instance, I married my husband in 2003 in Toronto, Canada. While it was a beautiful, emotional day in my life, once we returned to the U.S. it was (in legal terms) largely ceremonial as it wasn’t recognized at home.

Michael and I getting married in Toronto in 2003

Living in California at the time, other than my using the actual term ‘husband’ to refer to my guy, it didn’t count for much in terms of legal standing until the state Supreme Court ordered same-sex marriages recognized in 2008.

Proposition 8 interfered with that, but after a long back and forth, we were allowed to keep our legal status. But, that’s another story…

But, as our marriage wasn’t recognized by the federal government, we continued to file our tax returns as “Single.”

Until – the Windsor decision.

Our accountant did take advantage of the new filing status, and I can tell you it made a BIG difference in our taxes.

CNBC reports that “married couples have access to higher standard deductions: $24,400 for joint filers in 2019, compared to $12,200 for singles.”

Additionally, couples who file jointly enjoy wider income tax brackets compared to singles.

That’s not to say every couple would benefit financially from refiling their returns.

Known as the “marriage penalty,” two spouses who have similar incomes might end up in a higher tax bracket.

But in the case of married couples where one spouse makes more/less than the other, the joint tax bill could be lower.

The Joint Committee on Taxation reported last week that perhaps $57 million could be reclaimed under Warren’s legislation.

Rep. Judy Chu (D-CA) has introduced the companion bill in the House as well.

News Round-Up: June 12, 2019

• My family came from then-Czechoslovakia, but clearly I didn't swim in the same gene pool as Czech InstaHunk Petr Hollesch (above). #dang #eyes #body
(Petr Hollesch)

Some news items you might have missed:

• My family came from then-Czechoslovakia, but clearly I didn’t swim in the same gene pool as Czech InstaHunk Petr Hollesch (above). #dang #eyes #body

• Tales of the City author Armistead Maupin shares with The Guardian that being gay “liberated” him from “all sorts of shit,” and “sped up the process of wisdom.” He also reveals he is estranged from his Trump-supporting brother.

• Researchers at the University of New Mexico are testing a vaccine they believe could prevent Alzheimer’s disease.

• Ecuador’s high court has legalized same-sex marriage for the South American country.

• Sen. Tammy Duckworth (D-IL) slammed the Trump administration’s ban on transgender military service members at a Department of Defense Pride event today calling the policy “heartless as it is dangerous.”

• Christian hate preachers are planning an anti-LGBTQ conference in Orlando, Florida, during the city’s Pride celebration.

• Democratic presidential candidate Sen. Kamala Harris says she would pursue obstruction of justice charges against Donald Trump if she were elected.

• Sultry out singer/songwriter Gia Woods dropped her latest single, “Feel It,” recently and even as I type this I’m bouncing in my chair.

Sexy, seductive vocals slink over an irresistible electro-pop mid-tempo groove. “You can dance to it, but it’s not aggressive.,” says Woods. “It’s sensual and fun — just like the beginning of a heavy crush.”

Where Else Would A Storm Chaser Pop The Question?

Joey Krastel pops the question to bf Chris Scott

We’ve seen marriage proposals at Disney World, at Pride events, even at home supply super-stores, but meteorologist Joey Krastel popped the question with an element of danger thrown in. On May 28, the 27-year-old posted a photo on Twittershowing the ‘storm chaser’ down on one knee in front of his boyfriend, Chris Scott, with a wild storm in the background. The caption read, “The 2 loves of my life.”

Krastel has been fascinated by storms and weather since the age of four when he saw his first tornado. “It was at that moment where I knew everything I wanted to do from then on out,” he told NBC News. “Every meteorologist has a weather story from when they were little that defined their path.” In fact, it was weather that brought the couple together. Scott has had an interest in storms since he first saw the tornado-themed film Twisterwhen he was a young boy. It was his enchantment of weather that led him to follow Krastel on Instagram where the meteorologist posts photos and video footage of wild weather. One comment led to another and another, and soon the pair got in touch and began dating. Dates included, of course, adventures in storm chasing. It was with that in mind that Krastel planned his big moment. “It was always in the back of my mind to get engaged during storm chasing,” he shared with NBC News. “I felt like it would be this perfect way to seal the deal.” And so it was that a road trip that began in Dallas and traveled across Oklahoma and New Mexico. But it wasn’t until the group was driving through Kansas that they came across “the right storm.” “It all just kind of came together and happened so quickly,” said Krastel. “I was like, ‘Ok, this is it.’” With a tornado whirling in the distance, Krastel dropped to his knee and popped the question as a friend snapped the pic. This photo posted to Krastel’s Instagram shows how close the couple were to the dangerous storm at the time of his proposal.

The couple now has a terrific marriage proposal story to share with friends, but it’s important to warn that storm chasing can be very dangerous for folks who do not understand weather patterns. National Geographic reports that tornadoes cause 80 deaths and more than 1,500 injuries in the U.S. There are many ways to reinforce a home against wind damage — some are simple enough to DIY while others may require professional assistance. Click here for a guide to preparing your home from damaging winds.

Mayor Pete Has ‘A Lot To Repent For’ But Not His Marriage

Mayor Pete Buttigieg

Mayor Pete Buttigieg was asked by the Washington Post’s Jonathan Capehart during a Q&A at New York City’s 92nd Street Y Wednesday evening about criticism leveled at the openly gay mayor by Vice President Mike Pence and evangelist Franklin Graham.

Buttigieg has been very open about his personal faith as an Episcopalian, as well as the hypocrisy he sees in religion-based attacks.

In April, for example, Graham posted a tweet that described Buttigieg’s sexuality as “sin, something to be repentant of, not something to be flaunted, praised or politicized.”

“I guess I would say that we all have a lot to repent for,” replied Buttigieg in a pensive tone. “I have a lot to repent for when it comes to my marriage.”

From there, the 37-year-old mayor ticked off a few personal faults of his own before landing on his answer.

“Moments when I have not been as caring as I should be; moments when I’ve been selfish; moments when I’ve said a harsh word that I wish I could take back,” listed Mayor Pete.

“But one thing that I absolutely should not be repentant for, in the context of my marriage, is the fact that I’m in love with my husband,” he added.

And the crowd goes wild!!!

Watch the moment below.

In April, Buttigieg addressed Pence’s ‘morality’ issues with homosexuality head-on while speaking at the LGBTQ Victory Fund brunch.

Sharing the ways that being married to his husband, Chasten, has made him a better man, the mayor added, “And yes, Mr. Vice President, it has moved me closer to God.”

“That’s the thing I wish the Mike Pences of the world would understand: That if you have a problem with who I am, your quarrel is not with me,” Buttigieg said. “Your quarrel, sir, is with my creator.”

And during an appearance on ELLEN, Buttigieg said of the Vice President, “I’m not critical of his faith. I’m critical of bad policies.”

“I don’t have a problem with religion, I’m religious, too,” he added. “I have a problem with religion being used as a justification to harm people and especially in the LGBTQ community.”

Taiwan Parliament Approves Same-Sex Marriage

Taiwan celebrates marriage equality

In a groundbreaking vote, Taiwan became the first country in Asia to legalize same-sex marriage on May 17th.

The decision comes two years after Taiwan passed the constitutional right for same-sex couples to marry reports BBC. The ruling comes just a week before the deadline to make a decision on May 24th.

Thousands gathered in Taipei anxiously awaiting the ruling.

Last November, 72% of the country voted against same-sex marriage in a referendum, but this did not interfere with the court’s decision for the vote.

Parliament voted between several bills that define same-sex marriage in different ways.

One bill proposed a “same-sex familial relationship,” with partners being called “same-sex family members.” The other bill aimed to call same-sex marriage a “same-sex union” with partners referred to as “domestic partners.”

The bill will officially recognize same-sex unions as marriages, just as they do with heterosexual couples, and define partners as spouses.

The bill will also allow same-sex couples to adopt each other’s biological children, but will not give the right to adopt non-biological children.

Same-sex marriages will begin being performed on May 24th. Over 200 couples have reportedly already registered to be married on that day.

Congratulations to Taiwan and all their LGBTQ+ citizens! May other Asian countries follow suit very soon!

(Source: Instinct)

Former NFL Player, Hubby & Ex-Wife Blended Family Under One Roof

Jeff Rohrer and Joshua Ross (image via Instagram)

In November, I reported on the marriage of retired Dallas Cowboy linebacker Jeff Rohrer, who became the first NFLer to celebrate a same-sex wedding.

Rohrer has now opened up to People about settling into his new home life raising two teenagers under the same roof with his ex-wife Heather and new hubby, celebrity aesthetician Joshua Ross.

The former athlete didn’t come out until long after his football days. “Being gay was not a part of my life when I played football,” says Rohrer.

But, after years of struggling with his sexuality, being closeted took a toll on his 17-year marriage. He and his wife, Heather, split for 18 months barely speaking to each other.

“It wasn’t that Jeffrey came out to me, but once I figured it out, it was obvious he was gay,” Heather tells People. “He thought it was wrong; he was so angry. He thought his children wouldn’t love him, that he’d lose his job. I tried to help him. I kept trying to tell him it was okay, that it was no big deal. But it was to him.”

But then in 2013, the two decided for the good of their two children – son Dondillon and daughter Isabella – that Rohrer should move back in so they could co-parent as a family unit.

Over the next couple of years, the LA-based commercial producer slowly came to terms with being gay.

In 2015, Rohrer met Ross in at a happy hour and began seeing each other. Six months into dating, Ross asked to meet Rohrer’s children and ex-wife.

Ross shared with People, “It was a very pivotal time in our relationship to be able to take that next step forward.”

Heather didn’t object – “I was totally okay with it.”

And the kids where nonplussed about their dad dating Ross. “It wasn’t really like coming out,” says Dondillon. “I pieced it together that they were dating. And eventually he called Josh his boyfriend. I was fine with it.”

Things progressed and Rohrer proposed to Ross in May of 2018. Two months before the November wedding, the 37-year-old moved into the family’s Manhattan Beach home.

There were adjustments ahead for the new blended family, but Heather says, “Being together for the kids is the important thing for us.”

“It’s been difficult to get to this place, but it’s worth it,” she added.

“We get in our fights, but we find a way to make up,” said Ross. “We’re just trying to do the best that we can.”

Daughter Isabella describes life at home as “one big bundle of very strong personalities, so sometimes we butt heads.”

“But in the end, we’re always laughing,” shares the 16-year-old.

“There are all these different dynamics,” adds Rohrer. “And it’s working out really well so far.”

Heather sums up the situation for People saying, “Jeff and Josh are my family, and we’re a better team together than apart.”

Read the full article at People.com.

NY State: Town Clerk Forced To Apologize For Refusing Marriage License To Gay Couple

Town clerk Sherrie Eriksen apologizes for denying gay couple a marriage license
Town clerk Sherrie Eriksen apologizes for denying gay couple a marriage license

On July 30 last summer, Thomas Hurd and Dylan Toften went to the office of their town clerk in Root, New York, to obtain a marriage license.

Instead of a joyful, upbeat episode in their lives, the men were dismayed to be turned down by town clerk Sherrie Eriksen.

She put the couple off saying they couldn’t get a marriage license because they didn’t make an appointment before coming to the office, according to WRAL.

She also told the men that she has a personal objection to same-sex marriage.

That’s despite the fact that New York state legalized marriage equality in 2011, and the U.S. Supreme Court made it the law of the land in 2015.

Toften took to social media at the time to share the incident writing, “Town of Root clerk is a bigot!!! Refused to do our marriage license. She said make an appointment to have her deputy do it… do your job Andrew Cuomo.”

Gov. Cuomo responded to the post by tweeting, “Marriage equality is our law in NY. The denial of a license to a same sex couple is an unconscionable act of discrimination. On behalf of all New Yorkers, I’d like to congratulate Dylan & his future husband on their marriage.”

Several town meetings were held, an investigation was launched, and a lawsuit was threatened by the couple, according to WRGB News.

In the end, an agreement was reached: the town of Root would pay the men $25,000 plus Eriksen would personally deliver a public apology.

And so it came to be on Wednesday afternoon that Eriksen, standing in front of news cameras and town leaders at the weekly town meeting, made her apology.

“In my capacity as town clerk, it is my responsibility to provide marriage licenses to all couples, regardless of sex or sexual orientation, so long as they meet all applicable New York state requirements,” she began. “As such, my office and I will personally will issue marriage licenses to any couple without exception, who is legally entitled to be issued one.”

Her voice wavering a bit, she continued, “On July 30th of last year, there was an unfortunate incident involving Mr Thomas Hurd and Mr Dylan Toften, who came to my office seeking a marriage license.”

“I am sorry for any harm or inconvenience my actions caused the couple, thank you,” she concluded.

Here’s the video via local CBS News anchor Emily DeFeciani:

Hurd and Toften eventually received a marriage license from another town and were married on August 18.

The couple told WRGB that they’re proud they stood up for marriage equality.

“If we had never stood our ground, how many more people would’ve had to go through this?” Toften said.

Dylan Toften and Thomas Hurd (image via Facebook)

Gay-Hating Kim Davis May Have To Pay $222K To Gay Couple’s Legal Team

Former Kentucky county clerk Kim Davis

Back in 2015, then-candidate for Kentucky governor Matt Bevin was proud to announce he “absolutely supported” Kim Davis, the infamous county clerk who denied marriage licenses to same-sex couples.

Even though the U.S. Supreme Court had ruled that marriage equality had become the law of the land, Davis refused to issue the licenses citing her deeply-held religious beliefs.

It’s important to note that those ‘deeply-held religious beliefs’ about the sanctity of marriage didn’t stop her from marrying three different men four times, so, there’s that.

At the time, the state required the name of the county clerk to appear on each marriage license, and Davis saw that as tacit endorsement of same-sex marriage. Digging in her heels, she stopped issuing marriage licenses altogether.

Gay and straight couples, now unable to marry, sued Davis with the help of the American Civil Liberties Union. The result was a federal judge ordering Davis to issue the licenses, but she still refused.

And so it was that the judge found her in contempt of court, and she was jailed for five days making her the darling of the anti-LGBT crowd.

The eventual solution was the Kentucky legislature changing state law that required county clerks names on marriage licenses. The gay and straight couples were issued marriage licenses, and the lawsuit against Davis was dismissed in that the issue had been resolved.

Davis went on to write a book, campaigned for a failed same-sex marriage ban in Romania, and then, this past November was voted out of office.

But this sad tale isn’t quite done, yet. There is, as they say, the issue of the bill.

In 2017, a district judge ruled that the state of Kentucky had to pay the $222,000 legal costs of the gay and straight couples who had brought the lawsuit against Davis.

According to the Associated Press, lawyers for now-Governor Matt Bevin say state taxpayers “should not have to collectively bear the financial responsibility for Davis’ intransigence.”

“Only Davis refused to comply with the law as was her obligation and as required by the oath of office she took,” Bevin attorney Palmer G. Vance II wrote in a brief filed with the court.

“Her local policy stood in direct conflict with her statutory obligation to issue marriage licenses to qualified Kentucky couples,” continued Vance in the brief. “Davis had an independent and sworn duty to uphold the law as an elected county officer.”

For clarity, both Bevins and Davis believe that the court should not award legal fees saying the gay and straight couples didn’t technically ‘win’ the lawsuit since it was dismissed after the legislative action.

Steve Pitt, an in-house lawyer for the governor, says Bevins “continues to support Ms. Davis’s actions,” but if legal fees are to be awarded, “the taxpayers of Kentucky are not responsible to pay the ACLU’s attorney fees.”

Davis’s lawyer, Mat Staver of the virulently anti-LGBT organization Liberty Counsel, which has been labeled an ‘extremist group’ by the Southern Poverty Law Center, argues that Davis was acting on behalf of the state.

Since Bevins appealed the initial ruling regarding court costs, the two sides will face off Thursday at the U.S. 6th Circuit Court of Appeals in Cincinnati where a three-judge panel will hear arguments on who should pay the legal fees.

Austria Celebrates Marriage Equality In The New Year

Shortly after midnight, two women in Velden, Austria, exchanged wedding vows becoming the first same-sex couple to officially marry in the country.

Shortly after midnight, two women in Velden, Austria, exchanged wedding vows becoming the first same-sex couple to officially marry in the country.

After being engaged for four years, Daniela Paier and Nicole Kopaunik and Daniela Paier were wed early Tuesday morning as same-sex marriage became legal in Austria.

Austria’s constitutional court ruled in 2017 that the country’s ban on same-sex marriage was discriminatory after years of challenges from LGBTQ rights groups.

Although same-sex couples have been allowed to enter into civil partnerships since 2010, marriage was still out of bounds.

The country’s governing parties, the People’s Party and the Freedom Party, opposed marriage equality, but honored the court’s ruling.

A September 2018 poll for Österreich found that 74% of Austrians supported same-sex marriage and 26% were against.

(h/t Miami Herald)

LGBTQs In Brazil Rush To Marry Fearing New Anti-Gay President

Even though same-sex marriage has been legal in Brazil since 2013, LGBTQ couples are hurrying their wedding plans before right-wing politician Jair Bolsonaro is sworn into office as the country’s new president.

Bolsonaro, often referred to as the “Donald Trump of the Tropics,” has been virulently anti-LGBTQ his entire career and campaigned on a promise to defend “the true meaning of matrimony as a union between man and woman.”

Bolsonaro’s campaign already seems to have begun to influence public opinion and actions.

Comparing 2017 to 2016, anti-LGBTQ murders are up 30% (387 in 2017 vs. 327 in 2016) according to local LGBTQ advocacy group Grupo Gay de Bahia.

And openly lesbian city councillor Marielle Franco of Rio de Janeiro was murdered in March of this year.

All of this and Bolsonaro’s impending presidency has led to a 66% spike in same-sex weddings in November according to The New York Times.

In Brazil’s largest city, São Paulo, 57 same-sex weddings were celebrated during the first ten days of December compared to 113 in all of December 2017.

Aline Foguel set a date for her wedding to her girlfriend Carolina Zannata right after Bolsonaro’s landslide victory. She, like many in the LGBTQ community, worries that the new far-right president’s ascension will give permission to homophobes to openly air their hateful, divisive rhetoric, possibly leading to violence.

“People now have this open homophobic discourse that they were too embarrassed to say before,” Ms. Foguel told the Times. “I’m so afraid of reliving a past that I thought we had already conquered. I’ve had panic attacks.”

The Brazilian Bar Association’s head of sexual diversity, Maria Berenice Dias, urged same-sex couples “who want to get married to hurry up and formalize their union before the end of the year.”

And it’s not just marriage equality Brazilian LGBTQs are concerned about.

Noah Beltramini, a transgender man, not only rushed to marry but also to officially change his name and gender identification after a Supreme Court ruling earlier this year allowed.

“It wasn’t something I was worried about before,” said Beltramini. “But with Bolsonaro I feel completely vulnerable.”

(h/t The New York Times)