Box Turtle Bulletin
News and commentary about the anti-gay lobby“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
News and commentary about the anti-gay lobbyJanuary 14th, 2014
The state of Virginia has conflicting law. On the one hand, the constitution of the state includes this language:
Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.
On the other, like most states, Virginia tries to closely conform with Federal tax law. In general, states will start with the federally calculated taxable income and make such revisions and adjustments as are necessary to tweak for local differences.
And the Federal Government now recognizes legal same-sex marriages for federal tax purposes, even if the couple is residing in a state, like Virginia, which does not recognize same-sex marriages. So there’s a conflict.
Some states have resolved this by taking a sort of ‘don’t ask, don’t tell’ approach. They work under the logic that they don’t recognize Sally and Sue as married. But if the Federal Government, for it’s own reasons, has decided to act as though Sally and Sue have a ‘married’ filing status (though, in our non-recognition, we have no idea why), then those two single gals should file their state taxes using the same filing that the Feds (for some unrecognized reason) requires of them.
But failed gubernatorial candidate, Ken Cuccinelli (R), certainly has no desire for his state to allow gay people the same ‘lower taxes’ rights that he champions for heterosexuals. Cuccinelli is one of those ‘small government conservatives’ who believes that the role of government is to monitor and restrict the minutia of your sex life.
And on his last day serving as the Attorney General of the state, he issued an opinion as to the legality of allowing the State Department of Revenue to follow the lead of the Internal Revenue Service:
It is my opinion that a Governor may not direct or require any agency of state government to allow same-sex couples to receive joint marital status for Virginia income tax returns. Such a directive would represent an attempt to exercise legislative powers in violation of the constitutionally mandated separation of powers and would also violate the express terms of Article I, § 15-A of the Virginia Constitution.
Because, you know, Teh Ghey!
Latest Posts
Featured Reports
In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.
When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.
In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.
On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.
Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"
At last, the truth can now be told.
Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!
And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.
Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.
Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.
Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.
The FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.
“Google” is a trademark of Google Inc.
© Box Turtle Bulletin. All Rights Reserved.
Posts 
Posts via daily email:
Lindoro Almaviva
January 14th, 2014
and let’s hope the incoming AG will issue an opinion that reads something like this:
Yesterday, former AG issued an opinion on whether LGBT couples who have been married outside of the state can file joint taxes on the state of VA. As the current VA AG, I am here to tell you that Mr. Cuccinelli’s opinion should be used for the same purpose we use facial tissue (or to put it bluntly, y’all can wipe your asses with it, if you feel so inclined) because it is the opinion of the VA AG who is actually holding the job for the foreseeable future that these LGBT couple should file taxes jointly if they so chose. Any questions
or something like that
Hunter
January 14th, 2014
The courts will sort it out, because not matter what the governor does, someone will sue.
FYoung
January 14th, 2014
“The courts will sort it out, because not matter what the governor does, someone will sue.”
If the new AG is okay with implicitly recognizing same-sex marriages for tax harmonization purposes, and the new Governor agrees, I don’t know if anybody would have standing to sue.
occono
January 14th, 2014
Well I’ve gotten the impression the real question is what to do when state and federal taxes treat you differently and it’s perjury to lie on the form?
Timothy Kincaid
January 14th, 2014
FYoung,
” I don’t know if anybody would have standing to sue.”
So one would think. Yet in Missouri, “tax payers” have sued to try and block Gov. Jay Nixon’s executive order to do just that.
They have yet to show how they have been harmed.
Ben In Oakland
January 14th, 2014
Timothy, you mean “oooh. gay! Icky! and so does GAWD?” isn’t any kind of legal defense?
MattNYC
January 14th, 2014
His missive is non-binding and meaningless. It can and should be ignored.
Paul Douglas
January 15th, 2014
As a card-carrying christianist, Cuccinelli just has to get his last dig in.
Onward christianist soldiers.
ZRAinSWVA
January 15th, 2014
Interestingly enough, the state department of taxation recently issued guidance for married same-sex couples. While it basically just mirrors what Cuccinelli said, I like this part, “Since same-sex couples that are legally married in other states are considered unmarried for Virginia income tax purposes, such individuals must file their Virginia income tax returns as single taxpayers, regardless of whether they filed joint or separate federal returns.” (bolding mine) Further, they keep referring to us as “a same-sex married couple”. So, we’re married, you’re just not going to recognize it. Got it.
Leave A Comment