Federal Marriage

The New York Times had a nice editorial praising Governor Spitzer for introducing a bill to legalize same-sex marriage in New York.

But, one portion of the editorial is misleading:

One federal study identified more than 1,100 rights or benefits that are accorded only to the legally married. That means that even in states recognizing civil unions and domestic partnerships, gay couples often have to use legal contortions to protect their families in ways that married couples take for granted.

Actually, even in states recognizing gay marriage, and Massachusetts is currently the only one, gay couples who are married at the state level will not have access to the 1,100 rights or benefits accorded to married couples at the federal level. The Defense of Marriage Act (“DOMA”) denies federal recognition of gay marriages and gives each state the right to refuse recognition of same-sex marriage licenses issued by other states. For a full discussion of the rights and benefits of marriage recognized by the federal government, check out the Government Accountability Office’s 2004 report detailing federal provisions in which rights, privileges, and benefits are contingent upon marital status, or in which marital status is a factor.

A while back I heard that a same-sex couple, married in Massachusetts, filed a lawsuit because they were not sure whether they could list their status as “married” on their federal tax returns. (Couldn’t find a record of the lawsuit to link to.) You see, when you sign your federal tax return, you swear that the information contained therein is true and correct. But, same-sex married couples in Massachusetts have to list their status as “married” on their state forms, but “single” on their federal forms. They wanted to make sure that they wouldn't be penalized for listing one status on the federal form, and another on the state form.

Leaving aside my personal sexual orientation, not allowing gays and lesbians to marry is ridiculous. Pragmatically, creating this legal limbo for gays and lesbians simply leads to more work and confusion for the courts, the individuals involved, and the employers, insurers, doctors, etc. when making decisions in which marital status is relevant. It would make so much more sense to open marriage to same-sex couples.