Freedom to Marry E-Update
Issue # 15 | April 12, 2006

LANDSCAPE
Happy Anniversary!

This April marks the fifth year since the first legal marriages of gay and lesbian couples took place in the Netherlands, opening the doors for other nations with a commitment to equality for all to follow suit. Since then, Belgium, Canada, and Spain have joined the Netherlands in acknowledging the right of loving and committed same-sex couples to share in the institution of marriage with the same rules, responsibilities, and respect. Following a high court ruling, South Africa will become the next country to end discrimination in marriage later this year.

None of these countries have suffered a demise of morality, harm to other families, or social unrest. Rather, as Spain's Prime Minister explained, they recognized that basic fairness and the principle of equal treatment required ending the exclusion of these couples from marriage, rectified their existing statutes, and got on with life, leaving some families a bit stronger and, thus, the entire community a better off.

Less than equal — but certainly remarkable by the current standards of our country as it lags further and further behind — are the protections and responsibilities afforded same-sex couples and their kids in other countries worldwide, including many of our nation's closest military and economic allies. Countries offering civil partnerships or other measures virtually akin to, or on the road to, marriage itself include the United Kingdom, Germany, France, the Czech Republic, Israel, and even predominantly Roman Catholic Ireland.

Closer to home, our own Pedro Julio Serrano just completed an exciting trip to Puerto Rico, his homeland, earlier this month, participating in a whirlwind of events and media appearances on marriage equality and a pending non-discrimination bill. Puerto Rico's Legislature's Joint Commission for the Revision of the Civil Code voted to recommend a sweeping partnership measure for same-sex couples and their loved ones on the island. Read more here.

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ON THE HORIZON
Tax Time

With April 15th around the corner, our thoughts here at Freedom to Marry —along with the rest of the country—turn to taxes. Among many instances of discrimination that gay and lesbian couples face because of the denial of marriage are lack of access to the Social Security survivor benefits we paid for (we are not allowed to provide them to our partners) and unequal inheritance taxes on a jointly owned home (married couples inherit from each other tax-free; same-sex couples cannot).

Even when states offer equal marriage rights, there remains an overlay of federal discrimination because of the so-called "Defense of Marriage Act" (DOMA). For instance, the conflict between Massachusetts's equality in marriage and federal discrimination makes the filing of taxes anything but routine for married gay and lesbian couples in the state, who have to prepare at least four returns: a joint filing in Massachusetts, then two individual filings with the federal government, and before all of this, a ''phantom" federal tax return the IRS will never see, a joint married filing prepared solely to determine their state taxes, which are based on federal calculations.

Other federal tax penalties are just as disadvantageous and confusing. For example, if one partner gets domestic partner benefits at work—often limited to medical benefits—they are considered taxable income, while spousal benefits remain tax-free for married co-workers.

Marriage affects every area of life, from birth to death, with taxes in between -- and the discrimination falls harshly on families seeking to cope with the ups and downs of life. No taxation without representation was a rallying cry for the American Revolution, when a tax on tea sparked a flame of liberty. If unfairness is not your cup of tea, this April 15 Tax Day, speak out against discrimination in marriage.

To check out Gay.com’s 2006 tax guide, click here.

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GET ENGAGED!
WI Senator Speaks Out!

Sen. Russell Feingold (D-Wis.), a prospective 2008 presidential candidate, affirmed his support for the freedom to marry for gay and lesbian couples, saying that institutionalized discrimination has no place in our country's laws.

“My state now is considering a constitutional amendment that I will personally vote on about whether we want to enshrine in our constitution this form of discrimination,” said Feingold in an interview with the Advocate, staking out a stand against the anti-gay measure heading to Wisconsin voters in November. “I think this is completely inconsistent with our state’s progressive tradition.”

"[T]his is one of the real cutting-edge issues in our society: whether we’re going to be kind and decent to each other and be a community, or whether we’re going to try to divide ourselves,” Feingold continued. “To me this is a real test for our society.” Feingold joins other governors and legislators across the country in opposing ant-gay amendments.

Although Feingold’s public support for equal marriage rights is the first from a presidential contender (exceeding Gore's and Kerry's support for civil unions in earlier elections), he is by no means the only public servant to speak out on marriage equality. There are hundreds of local, state, and national elected officials who are also standing up for lesbian and gay couples, and their families, including our own voices of equality Congressman John Lewis (D-GA) and Mayor Rocky Anderson of Salt Lake City, Utah.

Find your state marriage equality organization through the Equality Federation, and learn where your representative stands and how you can work with them to win support for the freedom to marry.

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