Applaud IRS for Recognizing All Same-Sex Marriages for Federal Tax Purposes

same sex marriage

Target: US Secretary of the Treasury Jacob J. Lew

Goal: Commend agency for affirming the rights of same-sex married couples to enjoy the same tax benefits as heterosexual couples.

The recent Supreme Court decision in Windsor v United States found that the provision of the Defense of Marriage Act preventing the federal government from recognizing same-sex marriages was in violation of the liberties laid out in the Fifth Amendment. In accordance with this decision, the US Department of the Treasury posted an official release to its website announcing that all same-sex married couples will be treated as such, regardless of policies on same-sex marriage in their state of residence, for the purposes of federal taxes, including both income and estate taxes.

The release, entitled “All Legal Same-Sex Marriages Will Be Recognized for Federal Tax Purposes,” explains that this mandate pertains to “all federal tax provisions where marriage is a factor, including but not limited to: filing status, claiming personal and dependency exemptions, taking the standard deduction, employee benefits, contributing to an IRA and claiming the earned income tax credit or child tax credit.” Therefore, all same-sex couples married in any US state, territory, or foreign country where marriage equality exists are officially entitled to the same federal benefits that their heterosexual counterparts enjoy. The decision provides for submitted returns to be amended, according to the existing statute of limitations for refund claims, and furthermore provides resources for finding further information about all guidelines and rules. This release elaborates on the important action taken by the Supreme Court in protecting the rights of same-sex couples at the federal level, and represents another step toward full marriage equality in the United States.

By signing this petition, you are expressing your support for this vital recognition of the Fifth Amendment rights of same-sex married couples. You are encouraging the federal government to continue closing the socioeconomic gaps in benefits between same-sex and heterosexual married couples. You are supporting further official efforts toward full marriage equality, and therefore the betterment of the US government.


Dear Secretary Lew,

I am excited about the recent decision of the Department of the Treasury to protect the Fifth Amendment rights of same-sex married couples for federal tax purposes, in accordance with the Supreme Court’s recent decision regarding the unconstitutionality of Section 3 of the Defense of Marriage Act. This is a vital step in the recognition and protection of the liberties of LGBTQ Americans, who continue to suffer discrimination and oppression, through the specific official defense and elucidation of tax filing guidelines with ample resources for further information.

Thank you for recognizing that same-sex married couples deserve the same economic benefits, privileges, and responsibilities as their heterosexual counterparts. Thank you for defending the rights of those couples whose states have not yet embraced full marriage equality, which I hope will follow necessarily after the Supreme Court’s landmark decision and the Department of the Treasury’s official notice.


[Your Name Here],

Photo credit: KLHint via Flickr

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