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SSDI Married gay couples .

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bocker3:
Oh, I absolutely get that Virginia does not recognize my marriage.  Although the lawyers who took the Prop 8 case to SCOTUS have signed on to a suit here in Virginia, so here's hoping.......  I have no intention of filing as married for my state taxes - hence my plan to create a "dummy" single Fed form to feed info into my State form.  This should guarantee that I pay the proper amount of state tax and only have the proper deductions, etc.  More work for me.
What I was referring to with Fed law vs. state law was, to my understanding -- I can NOT file as single for the Feds.  There is a difference in taxes between Single and Married filing Separately.  So, if a state says you have to file the same status as Fed, but won't allow you to file married (or married, filing separately, because either way you are "married") it becomes a Catch-22.  Can't file Single with the Feds, can ONLY file Single with the state -- one would think the Federal law would preempt here - one would seem to have to do so.
At any rate, I think I have the right plan for me and Sid -- and I'm willing to fight in court if needed, though I'm not expecting the need.  I didn't realize you were a lawyer and I completely understand the ethics of dispensing legal advice here (i.e. you can't.....).  I am NOT a lawyer and what I'm doing is not intended to be a recommendation for anyone else either, however, I wanted to convey my thought process to others.

Hopefully this whole mess becomes moot sooner vs. later, with equality and common sense prevailing.

Thanks,
Mike

buginme2:

--- Quote from: bocker3 on October 22, 2013, 10:31:48 PM ---Oh, I absolutely get that Virginia does not recognize my marriage.  Although the lawyers who took the Prop 8 case to SCOTUS have signed on to a suit here in Virginia, so here's hoping.......  I have no intention of filing as married for my state taxes - hence my plan to create a "dummy" single Fed form to feed info into my State form.  This should guarantee that I pay the proper amount of state tax and only have the proper deductions, etc.  More work for me.
What I was referring to with Fed law vs. state law was, to my understanding -- I can NOT file as single for the Feds.  There is a difference in taxes between Single and Married filing Separately.  So, if a state says you have to file the same status as Fed, but won't allow you to file married (or married, filing separately, because either way you are "married") it becomes a Catch-22.  Can't file Single with the Feds, can ONLY file Single with the state -- one would think the Federal law would preempt here - one would seem to have to do so.
At any rate, I think I have the right plan for me and Sid -- and I'm willing to fight in court if needed, though I'm not expecting the need.  I didn't realize you were a lawyer and I completely understand the ethics of dispensing legal advice here (i.e. you can't.....).  I am NOT a lawyer and what I'm doing is not intended to be a recommendation for anyone else either, however, I wanted to convey my thought process to others.

Hopefully this whole mess becomes moot sooner vs. later, with equality and common sense prevailing.

Thanks,
Mike

--- End quote ---

Oh my god what a mess.   

I heard on the news yesterday that the state of Oregon has said that even though it's against the law to get married there they will be recognizing marriages performed in states where it is legal.  I believe the story said that they are doing this because the state doesn't believe that it would be legally for them not to recognize them due to the recent scouts decision.  If their reasoning is sound then all states would need to recognize your marriage as long as it was performed in a state where it's legal.  Interesting stuff.

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