Per a decision by outgoing attorney general Ken Cuccinelli, the state of Virginia will not allow married same-sex couples to file joint federal tax returns.
Because marriage equality is constitutionally banned in Virginia, married same-sex couples who live there will have to file their taxes separately, resulting in a heap of missed benefits. This violates a new IRS policy allowing married couples to file jointly regardless of the status of marriage rights in the state where they live.
The nondiscriminatory policies of Nixon and the IRS were made possible by the Supreme Court’s June 26 ruling in Windsor v. U.S., which struck down a key section of the so-called Defense of Marriage Act. The decision forced the federal government to give equal treatment to legally married same-sex couples.
However, the Post reports that Elizabeth B. Myers, an assistant attorney general, argued that the decision does not affect a preexisting provision that permits a state to refuse to recognize same-sex marriages performed in other areas of the country. The Virginia Department of Taxation based its decision on advice from this office. …
“Virginia has by far the most hateful and stringent guidelines for married same-sex couples,” tax attorney Kate Fletcher told GayRVA.com. “Far more than any other non-recognition state.”
Way to essentially break federal law to continue discriminating, Virginia. Seriously, way to go. You’re the best. Hugs and kisses.