Queer Justice: Nolo's LGBT Law Blog

Filing tax returns is not that much fun for anyone, except maybe General Electric. But for same-sex couples, tax time is fraught with complications unique to relationships that are recognized by the state but not by the IRS--except sometimes. Confused yet? You should be.

Just two days ago, I blogged about an announcement from the U.S. Citizenship and Immigration Services (USCIS) that it would put on hold decisions about cases involving same-sex binational couples--a seeming big step away from the discriminatory policies based on the Defense of Marriage Act (DOMA) that have previously dominated the agency's decision-making. Here's an informative Daily Beast story about the hold.

It didn't exactly seem too good to be true--that status would be reserved for an actual repeal of DOMA. However, the hold was apparently too good for something, and it has already been lifted. USCIS announced on March 30, 2011, through press secretary Christopher S. Bentley, that, "The guidance we were awaiting ... was received last night, so the hold is over," and "we're back to adjudicating cases as we always have." Bentley went on to say that USCIS would continue to "enforce the law," in other words refuse to recognize same-sex marriages for purposes of approving green card applications.

Is this the last word on the subject? Not necessarily. With the Justice Department's new position that DOMA is unconstitutional, plans by members of Congress to seek repeal of DOMA, and various cases challenging DOMA winding their way through the U.S. court system, it's likely that the Supreme Court will rule on DOMA's constitutionality within the next few years--which will of course affect green card applications for married same-sex partners.

Responding to President Obama's recent statement regarding the Defense of Marriage Act (DOMA), the United States Customs and Immigration Service (USCIS) has asked its field offices to stop proceedings in any cases involving foreign partners married to same-sex spouses.  In other words, the USCIS will hold off on denying green cards in same-sex marriage cases, while awaiting further word on the status of DOMA. 

Because apparently they've got nothing better to do despite claiming a focus on jobs and economic development, the House GOP voted to defend the Defense of Marriage Act (DOMA) in court in the wake of the Justice Department's announcement in February that the DOJ would no longer do so. 

On orders from President Obama, the Justice Department will stop defending the federal Defense of Marriage Act (DOMA) in cases now pending in the federal courts, based on the President's conclusion that the law is unconstitutional.

Parents applying for passports for their minor children will find a change starting February 1. Instead of simply having spaces for "Mother" and "Father" to state their names, the forms will say "Mother or Parent 1" and "Father or Parent 2." The Washington Post reported last Friday that references to "mother" and "father" would be removed entirely, causing a fuss from conservatives. In response, Secretary of State Hilary Clinton apparently decided to include both a gendered and a gender-neutral designation for each parent. 

There are many hidden costs to being gay, and one of them is that employees who work for companies that offer domestic partner benefits must pay taxes on the value of those benefits unless the partner is considered a dependent (not a very common scenario). A married employee whose spouse is covered on the company insurance plan pays no tax on the value of the spouse's benefits. 

Yikes! How has it been so long since I've posted, when there's so much going on out there? Here's a quick selection of interesting items from the last week.

On the 40th anniversary of the Stonewall rebellion, the New York Times ran an article and an op-ed piece about the condition of gay rights in the U.S., both with the same basic premise: the American public is way ahead of the American government on the issue of rights for LGBT people. Adam Nagourney's Political Memo takes President Obama to task for failing to live up to his campaign promises on equality for the LGBT community; Frank Rich's op-ed rightly notes that "It's a press cliché that 'gay supporters' are disappointed with Obama, but we should all be. Gay Americans aren't just another political special interest group. They are Americans who are actively discriminated against by federal laws."

Last week, Representative Barney Frank introduced a new Employment Non-Discrimination Act in the House of Representatives. Read about it at Nolo's Employment Law Blog.

And this morning, President Obama is meeting with gay rights leaders at the White House to commemorate the 40th anniversary of Stonewall. After the disappointments of the past month, that should be an interesting conversation.

Quietly, in my view (page A22 of the New York Times, page A18 of the San Francisco Chronicle), the State Department has promised to offer equal benefits and protections to the same-sex partners of U.S. diplomats. Secretary of State Hilary Clinton acknowledged that "Like all families, our Foreign Service Families come in different configurations."

The news came in a memorandum from Clinton to an association of gay and lesbian Foreign Service officers. It's a long time in coming and a welcome change, one that addresses issues of basic fairness and, as Clinton also remarked, one that will support recruitment to the State Department.