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Refuse to Lie! New Campaign Tells the Truth to the IRS

31 Mar

An exciting new campaign which could have real consequence and promote real change, has been launched.

As dreaded tax day is fast approaching, we LGBT people have frequently sought ways to protest via the IRS. Some people have simply refused to pay taxes as we do not have equal protection under the laws. The Refuse to Lie campaign is shedding light on another way we can protest our unequal status with the Federal Government.

From the Refuse to Lie website:

Each year the federal government demands that thousands of married couples lie.

The federal Defense of Marriage Act (DOMA) not only denies legally married gay couples the benefits of heterosexual marriage, but we are also told to disavow our spouses and file our taxes as “single.”

The Federal Government must stop requiring legally married gay couples to deny the existence of our families and hide our marriages.

It is dehumanizing and it is wrong.

Across the country, legally married gay couples are taking a stand. We are refusing to lie about the fact that we are married.

The federal government’s refusal to recognize our marriages is blatant discrimination and we will not play along by lying on our tax returns and pretending we are single. The government has chosen to discriminate and we choose to expose their bigotry by refusing to lie.

Taking this principled stand is not without risk and each person doing so needs to carefully consider those risks before deciding if it is a stand you are willing to take.

While tax time forces legally married gay couples to decide whether to comply or resist the government’s requirement that we lie, it is not the only circumstance where we face this dilemma. We are married and our commitment is to tell the truth every time we are asked to fill out a form or respond to a question about our marital status.

This website is intended to be a resource to all who decide to refuse to lie. And it is a place for everyone who believes in marriage equality to show your support and stand with us by adding your name to this effort.

Not everyone will commit to filing as married but everyone can take a stand in solidarity.

Please sign the petiton and help send the message to the federal government that gay married couples should not be compelled to lie. Share this link of Facebook and help spread the word.

Of course this is not for everyone and you are certainly risking something, but the protest and the reasons behind it are completely legitimate. The very idea that we have to lie on our tax returns if we are legally married, is ludicrous. The site gives detailed information on how to go about taking part in the action, with options on how to do so safely and within the rules of filing.

How can you affirm your marital status, object to DOMA, file a joint return, and not be subject to penalties? Here are two possibilities:

  1. File two single returns (including the attachment affirming the marriage) and then file an amended return, filing jointly. The amended return is a 1040X. This is what the plaintiffs in the GLAD case did. Once the IRS rejects the amended return, or if six months passes and they do nothing, the taxpayers who file an amended return have the right to file suit in federal district court claiming the refund.The basis of the claim for refund by a Florida same-sex couple would be that they were married, that under the U.S. Constitution that marriage should be recognized, that it would be perjury to claim otherwise, and that DOMA itself is unconstitutional. This option would avoid penalties because your original return would be filed according to the statute.
  2. Submit two returns to the IRS, one filed jointly, showing the tax due on a joint return, and one filed as a single taxpayer, showing the tax due on a single return. Explain your constitutional and moral theory entitling you to file a joint return. Pay whatever amount is due on the single return and ask the IRS to choose which return to accept.If you have paid the amount due on the basis of a single return, then you have not made an underpayment as a result of disregarding a statute. Penalties are only due if there is an underpayment. If the IRS accepts your single return and accepts your tax payment on that basis, there is no penalty. Of course if the IRS accepts your joint return and that results in a refund to you, there is no way to know what will happen if you are later audited. That would be a new case.

    In many cases, of course, you will actually pay a higher tax if you file jointly. In that case, you should not owe a penalty.

Please check out the site, share your story and support this incredible action.

Don’t Deport My Husband: An Update!

27 Mar

As many of you know, a few weeks ago, President Obama made the surprisingly exciting announcement that his Department of Justice would no longer be defending the Defense of Marriage Act (DOMA) in the courts. This decision was made after many lower courts had found DOMA to be unconstitutional. Obama framed his change of tactics around the amount of money the administration would spend on defending a law which judges were ruling against. Obama made sure to say that he would continue enforcing the law until it was overturned, but the court battles would no longer be defended by his administration.

The religious right and the National Organization for Marriage were in an uproar. They lied and claimed that Obama had overturned the law, or that he was no longer enforcing it. And the usual rigamarole ensued.

Now, we’re happy to find that despite the fact that DOMA has not yet been overturned, in at least one instance, it is no longer being used to attack gay and lesbian families. One of the rights we are fighting so hard for, which heterosexual married people frequently take for granted, is that married bi-national couples can stay in this country and that foreign-born citizens married to US citizens will gain citizenship through that marriage.

Joshua Vandiver and Henry Valendia

A few months ago, we told you the story of Josh Vandiver, a graduate student at Princeton, and Henry Velandia, a Venezuelan dance instructor who was facing deportation despite their 2010 marriage in Connecticut.

Now, Newsweek/The Daily Beast has learned that the heads of two USCIS districts—Washington, D.C. and Baltimore—informed attorneys from the advocacy group American Immigration Lawyers Association that cases in their districts involving married gay and lesbian couples would be put on hold. The news could have far-reaching effects. People like Velandia might be safe from deportation while their cases are on hold.

Let’s keep our fingers crossed that Henry and Josh will be together in the US permanently.

MUST-WATCH VIDEO: “We deserve the dignity of marriage…before I can’t remember what marriage is.”

3 Mar

On Tuesday, California Attorney General Kamala Harris asked the Federal Court to dismiss its order prohibiting same-sex marriages in the state while an appeal of Proposition 8 is pending. By lifting the stay it previously ordered, the court would allow marriage equality to be the standing law while the case is being considered and argued in the courts.

Additionally, the Courage Campaign has filed an amicus curiae letter to the 9th Circuit, also asking that the stay be lifted. Named in that letter are Ed Watson and Derence Kernek. Ed and Derence have been together more than 40 years.

Last Summer, Ed was diagnosed with Alzheimer’s. They are hoping to have a wedding as soon as possible because Ed desperately wants to be able to remember it. As Derence puts it in the following video:

“We’re committed to each other. We’ve had a long long life with lots of love, lots of attention. We respect each other. We cherish each other and we don’t know many people who’ve had 40 years of anything. We hope to have that service as soon as possible.”

If ever there was an argument for marriage equality, Ed and Derence are it. It’s horrific that they’ve had to live as long as they have without the same rights as their neighbors. Let’s hope they are given the respect and dignity they deserve. Please share this and go to the link above to sign on to the letter.

 

BREAKING: US District Judge Opens Door for DOMA Challenge

19 Jan

More and more challenges to the so-called “Defense of Marriage Act” (DOMA) have been hitting the courts and getting shafted by Federal Judges.

Today, we have a new ruling out of California, according to the San Francisco Chronicle, US District Judge Claudia Wilken of Oakland ruled that state employees can sue the federal government over their same-sex partners’ exclusion from long-term health care benefits. The judge denied a request from Obama’s Department of Justice to dismiss the case, opening the floodgates for lawsuits from gay federal employees around the country.

Currently, federal employees can enroll in federally-approved long-term health care plans. Employees of the state can buy coverage at below-market rates, use untaxed income to pay premiums and deduct future benefits from their taxes. The California agency has refused to sign up same-sex spouses because the Defense of Marriage Act denies federal tax benefits to any state that covers them.

Judge Wilken claimed that DOMA is “robbing states of the power to allow same-sex civil marriages that will be recognized under federal law” and made it clear she would be challenging parts of the law.

While this story doesn’t specifically address our personal stories, we thought it important to share the fact that a major decision was made today, that is in line with the decision of Judge Vaughn Walker’s which overturned California’s Proposition 8. With more and more judicial challenges to the bigoted Defense of Marriage Act, it’s only a matter of time before we see it overturned in US Courts.

DOMA Separates Families

5 Jan

Every day before he left for work, Richard Dennis would kiss his partner on the forehead as he slept, knowing each kiss could be their last.

Let that sink in.

That line comes from an AOL news article about Richard and his partner Jair Izquierdo, who was just deported back to Peru after immigrating to the US legally five years ago.  Every day the couple lived in fear that that day might come despite their having obtained a civil union in New York state. When the day finally came they hauled Jair off in handcuffs like a criminal.

You see, there simply is no civil protection for bi-national same-sex couples. Even in the six states that currently recognize same-sex marriage, for them, the threat of deportation looms large.

Take the story of Joshua Vandiver and Henry Velandia, a married couple in New Jersey fighting to stay together.

These Americans face the most blatant and cruel aspects of a federal government that refuses to recognize their relationships and callously rips them apart, all in the name of “protecting family values”.  For Richard and Jair the Defense of Marriage Act is no abstract concept. Jair might never be coming back to America.  No legitimate path exists under current law to bring them back together on American soil and that tragedy is all due to DOMA.

For many, Marriage Equality is a social justice issue. Many couples desperately need protections under the law such as the right to Immigration Equality.

The next time you have a conversation with anyone, gay or straight, that doesn’t support Marriage Equality tell them these stories. Ask them if their family deserves to be torn apart because of who they are.

More Suicide in Utah, is Mormon Church to Blame?

6 Nov

Our friends at PrideinUtah.com are reporting yet another LGBT Mormon suicide today. PrideinUtah has been vigilant in getting stories of Latter Day Saints members into our view, and it’s nearly always attached to religious oppression.

Colt David Hansen, another Utah suicide.

28 year old Colt David Hansen fought a lifelong battle against the Mormon church, which he learned would never accept him for who he was. This story is particularly painful because even after he took his own life due to religious issues, his family has not only asked for contributions be made to the Mormon Missionary Fund, but they have refused to allow his friends to attend Colt’s funeral.

This week we also heard that well-known Mormon, Marie Osmond will be appearing on Oprah to discuss the suicide of her young son earlier this year. The reason she is coming forward and participating in what is certain to be the most difficult interview of her life, is because of the recent rash of LGBT suicides. She has not yet publicly spoken about her son’s suicide and has never referenced his sexuality, but one can assume that this is the reason she wants to come forward.

In 2007, Utah ranked #1 when it came to residents who suffered from depression and led the country at #7 in suicide rates. But when it comes to teen suicide (ages 15-24), Utah statistics are far ahead of the national average.

While linking the suicide rate to a religion is specious at best, one can easily do a little math to realize that between 60-70% of the population of Utah is Mormon. And it is fairly well-known how the Church of Latter Day Saints perceives LGBT people, what we do know is that gay Mormon teens are at great risk of suicide, and we must stop ignoring the links between the person and what the faith teaches.

In the past few years, Utah has seen their suicide rate increase drastically. This goes along with the increased attention that has been given to the direct link between LDS and several anti-gay measures. If we ignore the obvious and fail to tell these young people’s stories, we are failing them.

Thank you to PrideInUtah for continually being a valid source of information and we hope that through education we can help to curb this horrible trend.

 

 

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