A legislative committee Tuesday will hear testimony on a rule that would forbid same-sex couples who are legally married in other states from filing joint Idaho income tax returns.
This all started when the U.S. Supreme Court ruled that a ban on federal benefits for gay couples is unconstitutional. That meant legally married same-sex couples can file federal taxes together, regardless if it's legal in the state where they live.
That left Idaho tax officials at a crossroads since the state doesn't recognize same-sex marriage. So, the state's tax commission created a new rule on how same-sex couples file taxes. Gay couples will fill out one federal form as a married couple. Each person will then fill out another 1040 form, filing as 'single' or as a 'head of household.' The joint version goes to the IRS. The single versions go to the Idaho Tax Commission.
But the commission's rule is only temporary. It’s lawmakers in the House Revenue and Tax Committee who must decide if the rule be made permanent.
If lawmakers adopt the rules, they will require married same-sex couples to do more paperwork, and perhaps pay more than heterosexual couples. That could violate the equal protection clause of the U.S. Constitution. Some lawmakers could vote against the Tax Commission's temporary fix because they may see the rule as a validation of same-sex marriage.
The House Revenue and Taxation Committee meets at 9:00 a.m. Tuesday.
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