Gay Activists Suggest Protesting DOMA In Their Tax Returns, Then Suing The Government


As if the tax code weren't already complicated enough. A blogger for the Atlantic writes about gay activists challenging DOMA through how they file their taxes:

The Obama administration says it will not defend the federal ban on gay marriage in court, but tax season could force the issue.

Jezebel points us to an organization called Refuse to Lie, which is advocates that married gay couples (whose marriages are recognized under state law, but not, as the Defense of Marriage Act still stands, under federal law) file as single, yet attach [a] disclaimer.

The above named taxpayer married a person of his/her same sex in [place] in [year]. The taxpayer has not filed this return as "married" (either jointly or separately) solely because the Defense of Marriage Act (DOMA) defines marriage as a legal union between a man and a woman. By filing as "single," the taxpayer is in no way disavowing his/her marriage.

The next step? Refuse to Lie is calling on their followers to sue the government:

File two single returns (including the attachment affirming the marriage) and then file an amended return, filing jointly. The amended return is a 1040X. This is what the plaintiffs in the GLAD case did. Once the IRS rejects the amended return, or if six months passes and they do nothing, the taxpayers who file an amended return have the right to file suit in federal district court claiming the refund.

If the Obama Administration had consistently defended DOMA, gay activists would have less reason to pull stunts like this one. Which is all the more reason to support our efforts at to send a clear message that DOMA will stand, no matter how much extra paperwork gay activists create.