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Va. lawmaker proposes to deny married same-sex couples tax equality

Monday, January 13, 2014

RICHMOND, Va. — A Virginia lawmaker who authored the state’s constitutional ban on same-sex marriage, has proposed new legislation to change the Virginia state code to further define the tax benefits denied to legally married same-sex couples.

Bob Marshall

Bob Marshall

The bill, by Del. Bob Marshall (R-13), states “only those persons who are in a union that is a marriage recognized under Virginia law may file a joint Virginia income tax return for married persons or a separate Virginia income tax return as a spouse.”

Late last year, the Virginia Department of Taxation issued what some called “the most hateful” guidance in the country when it came to same-sex couples.

The Virginia guidance requires married same-sex couples to file as single, even though the IRS recognize their marriage and requires them to file as married. This requires complicated tax forms for LGBTQ families.

Marshall’s bill would go a step further and codify this language.

“It is my considered judgment that we should do this in the very likelihood (Gov. Terry) McAuliffe is going to exercise some powers he doesn’t really have,” said Marshall, in a phone interview.

Mashall referenced the many failed attempts by legislators to get sexual orientation and gender identity into the state’s non-discrimination policy, and said McAuliffe’s signing of Executive Order #1, which extending the list of protected classes for state employees to include sexual orientation and gender identity, was an overreach of power.

Marshall’s bill aims to prevent McAuliffe from allowing married same-sex couples to file joint tax returns.

“He has no authority to do that, and I suspect, in order for him to follow through on the interests of some of his supporters, he’ll try to do that,” said Marshall.

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“I wanted to make it clear for everybody that the statues in the constitution of VA do not allow him to do this,” said Marshall. “If he persists, I’ve got various legislative options, but there’s always the option of going to court.”

Marshall couldn’t say if he really would take the Governor to court over giving equal tax benefits to legally married same-sex couples, but he didn’t deny the possibility either.

Marshall took steps to reaffirm his stance by asking former Attorney General Ken Cuccinelli to write an opinion on the governor’s powers specifically when it comes to tax law.

In his non-binding opinion, issued on his last day in office, Cuccinelli said the Governor could not extend the benefits because of the state’s ban on same-sex marriage.

“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,” wrote Cuccinelli.

The Virginia ACLU said Marshall’s bill “would impose discriminatory tax policies on couples whose marriages are not currently recognized in Virginia even though the federal government has determined that all married couples should be treated the same for federal income tax purposes.”


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122 more reader comments:

  1. I think we should ban opposite sex marriage

    Posted on Monday, January 13, 2014 at 11:31pm
  2. Stop already with this stupid bullshit.

    Posted on Monday, January 13, 2014 at 11:31pm
  3. I'm in full agreement Bill and as a resident of VA I plan on voting people like him out of office we don't need anyone like that in office here or in any state.

    Replied on Monday, January 13, 2014 at 11:50pm
  4. I hope more people finally get it. Times have changed and it's time to finally put a stop once and for all with all the bullshit. Either they're for us or against us. The people of America deserve better. Time to get rid of these dead weight politicians who would rather divide the nation than unite it.

    Replied on Monday, January 13, 2014 at 11:53pm
  5. AMERICA DESERVES BETTER and it's about time we (American people) stood up and finally let it be known. We all should be "Mad as hell and we're not going to take it anymore!"

    Replied on Monday, January 13, 2014 at 11:55pm
  6. What the Fuck, America - Wake The Fuck Up Already!

    Replied on Monday, January 13, 2014 at 11:55pm
  7. They may be the ones who have the power to implement laws but we are the ones who have the power to decide who gets in these positions in the first place. Count me as a straight ally here in VA.

    Replied on Tuesday, January 14, 2014 at 12:20am
  8. Thanks. Now if we can just get alot more people to wake up. Enough is Enough already.

    Replied on Tuesday, January 14, 2014 at 12:21am
  9. I conside you just an Ally, there is no straight or gay, just "human." It's about getting our country back on track....No More Bullshit!

    Replied on Tuesday, January 14, 2014 at 12:24am
  10. THEN FINE! They should not be expected to pay TAXES!!! PERIOD!!! Tax exemption status! Have these total douchebags ever follow what is within their job?! And that is taxation with representation.

    Posted on Monday, January 13, 2014 at 11:32pm
  11. I agree! If I am not a First Class Citizen, then I shouldn't have to pay ANY taxes!

    Replied on Monday, January 13, 2014 at 11:50pm
  12. lol they just keep going and going to try to stop the inevitable,it wont work.

    Replied on Tuesday, January 14, 2014 at 3:03am
  13. Isn't it sad how all these ignorant OLD politicians, utterly set in their backwards ways, keep fighting for something they have to know is wrong?

    Replied on Tuesday, January 14, 2014 at 8:47am
  14. I think these people ignore the concept of equality and freedom. “Deny Equality” are these people for real?

    Posted on Monday, January 13, 2014 at 11:32pm
  15. Why don’t you propose something to help with jobs, the economy, maybe something truly meaningful for a change. WTF?

    Posted on Monday, January 13, 2014 at 11:33pm
  16. Shows it has nothing to do with the sanctity of marriage. They just want to make life harder on people they don’t like. “It’s okay for you to be married since the law let you. We’ll just fight for your other rights.”

    Posted on Monday, January 13, 2014 at 11:33pm
  17. Couples should stop paying their taxes.. Idiots

    Posted on Monday, January 13, 2014 at 11:33pm
  18. This bullshit needs to be stopped at the Federal level – this is the most bizarre way of addressing taxpayer’s rights

    Posted on Monday, January 13, 2014 at 11:33pm
  19. Stop being such a human waste.

    Posted on Monday, January 13, 2014 at 11:33pm
  20. you know, for all their state rhetoric, I think that federal law has always trumped state law. Otherwise we would still be “all this sates” divided.

    Posted on Monday, January 13, 2014 at 11:34pm
  21. Virginia’s constitution actually forbids this, as it demands conformity with federal law.

    Posted on Monday, January 13, 2014 at 11:35pm
  22. What an idiot!

    Posted on Monday, January 13, 2014 at 11:36pm
  23. People like this piss me off. If you’re not going to do something useful, then get the fuck out and let someone else do it.

    Posted on Monday, January 13, 2014 at 11:36pm
  24. we should stop paying taxes altogether in protest.

    Posted on Monday, January 13, 2014 at 11:38pm
  25. How would he like to have to pay more just because of what group he’s a member of?

    Posted on Monday, January 13, 2014 at 11:40pm
  26. Not Constitutional. But so-called Conservatives will waste millions to hear it. AGAIN.

    Posted on Monday, January 13, 2014 at 11:40pm
  27. What a jerk!

    Posted on Monday, January 13, 2014 at 11:40pm
  28. I propose he sthu.

    Posted on Monday, January 13, 2014 at 11:40pm
  29. What the hell does it do to him? Nothing. Moron

    Posted on Monday, January 13, 2014 at 11:41pm
  30. We the gay people just want to b happy. Y cant we get the same equality as u straight motherfuckers. We dont want favortism, just equality. Wtf. Y is this so hard to do. People can merry their animals dogs cats and all that bs. That should illegal. Im tired of hearing this bs. Stop bitchin and get it done.

    Posted on Monday, January 13, 2014 at 11:41pm
  31. BITE me!

    Posted on Monday, January 13, 2014 at 11:42pm
  32. Asshole

    Posted on Monday, January 13, 2014 at 11:42pm
  33. Look well to this face… In a short future will be add to the book of shame in history . Gay couples will be able to file taxes in less time that they think .

    Posted on Monday, January 13, 2014 at 11:45pm
  34. Don't make me look at his face, Dude...I just ate!!

    Replied on Tuesday, January 14, 2014 at 1:21am
  35. We are a country of sore ration if church and state but,,,ignorance in religion continue to to rule our lives.. why is that !! All people who disagree with same sex marriage are basing their decision on religion not facts … That’s a fact

    Posted on Monday, January 13, 2014 at 11:51pm
  36. Go to hell, oh your working on that & doing very well.

    Posted on Monday, January 13, 2014 at 11:51pm
  37. Oops ….Separation of church and state

    Posted on Monday, January 13, 2014 at 11:52pm
  38. Fine the damn state

    Posted on Monday, January 13, 2014 at 11:53pm
  39. He needs sex..people are so much nicer if they get some..and look at this dude..he’s not had any in a long long time.

    Posted on Monday, January 13, 2014 at 11:54pm
  40. Are you suggesting a makeover? I can tell you right now it won't work

    Replied on Tuesday, January 14, 2014 at 1:22am
  41. He must be a Republican!!!!

    Posted on Monday, January 13, 2014 at 11:57pm
  42. Anybody should be allowed to marry anyone they want.We live in AMERICA for gods sake!

    Posted on Monday, January 13, 2014 at 11:57pm
  43. How about spending more time chasing those who use loopholes to avoid paying taxes then those whose are couples that should have same benefits as others?

    Posted on Monday, January 13, 2014 at 11:57pm
  44. Another stupid, moron, Republican!

    Posted on Monday, January 13, 2014 at 11:58pm
  45. Ok, i’m just sick of these uneducated and bigoted Republicans…They all need to be thrown out..

    Posted on Monday, January 13, 2014 at 11:58pm
  46. Enough already with these nasty people.

    Posted on Tuesday, January 14, 2014 at 12:03am
  47. Sit down and shut up Bob Marshall!

    Posted on Tuesday, January 14, 2014 at 12:05am
  48. When a group is singled out by a government body and given special discrimination by law, that group singled out has no moral responsibility to follow that or any law written by that body. In, fact, the moral responsibility is to revolt.

    Posted on Tuesday, January 14, 2014 at 12:06am
  49. Why?

    Posted on Tuesday, January 14, 2014 at 12:06am
  50. Virginia will do the right thing. I think in the next few years it will be legal in every state

    Posted on Tuesday, January 14, 2014 at 12:10am
  51. How about working on the economy, poverty, the homeless, we want unity as a country not diversion brought on by your bigotry/homophobic prejudice. My personal view points and life style does not effect you. Just as yours should not effect me. This is America home of many different religions, cultures, life styles. Everyone should have the same rights and be treated equal with dignity and respect.

    Posted on Tuesday, January 14, 2014 at 12:18am
  52. I’m looking forward to my tax free benefits…

    Posted on Tuesday, January 14, 2014 at 12:20am
  53. Virginia’s shame in office.

    Posted on Tuesday, January 14, 2014 at 12:21am
  54. You should go hide under The Rock you been living under for all your life

    Posted on Tuesday, January 14, 2014 at 12:21am
  55. Stupid old fkkk….

    Posted on Tuesday, January 14, 2014 at 12:45am
  56. anything like that would also bring an immediate lawsuit I’m sure.

    Posted on Tuesday, January 14, 2014 at 12:47am
  57. Obviously, those guys learned nothing from last fall’s election. Virginia is a state with changing demographics, thank goodness. These right-wing ideologues will eventually join the others throughout history’s infamy. Those who reveled in ignorance, hatred, bigotry and non-acceptance. Time is on the side of Equality!

    Posted on Tuesday, January 14, 2014 at 12:49am
  58. You know what? Go right ahead. This is exactly the kind of childish, retrogressive, homophobic behavior that will encourage reasonable people to take a stand supporting same sex marriage and LGBT rights.

    Posted on Tuesday, January 14, 2014 at 12:50am
  59. It’s sad that these haters are allowed by the voters to stay in office, and it’s not just VA, it’s all states and our house/senate. People need to vote so all voices can be heard.

    Posted on Tuesday, January 14, 2014 at 12:52am
  60. No can do. The Justice Dept will be all over Virginia if they even try. Ask Utah.

    Posted on Tuesday, January 14, 2014 at 12:53am
  61. Another sick person. What does this life form imagine is the justification for his blatant bigotry?

    Posted on Tuesday, January 14, 2014 at 12:58am
  62. Then they may as well just have a civil union what a fucking dumb shit

    Posted on Tuesday, January 14, 2014 at 1:01am
  63. he can deny them state benfits, but federal all the way baby! sorry you bigot

    Posted on Tuesday, January 14, 2014 at 1:09am
  64. Do these men ever look in the mirror? Do they ever consider they are wrong? Do they realize they are angry, lost, old, gray haired, bitter men who offer nothing but hatred and bigotry to America?

    Posted on Tuesday, January 14, 2014 at 1:10am
  65. I needed a good laugh today. They never learn.

    Posted on Tuesday, January 14, 2014 at 1:22am
  66. Ok this guy needs to find something meaningful to do with his life. If I were his spouse I would tell him to knock it off and no “you know what” until you do.

    Posted on Tuesday, January 14, 2014 at 1:27am
  67. Don’t pay any taxes. We are humans who are supposed to be equal in this country. The ignorant biggots don’t want to treat us as equals, then our money isn’t the same as theirs. This shit can fly both directions.

    Posted on Tuesday, January 14, 2014 at 1:28am
  68. Another seven-letter A-word

    Posted on Tuesday, January 14, 2014 at 1:30am
  69. Go to Hell you miserable SOB

    Posted on Tuesday, January 14, 2014 at 1:31am
  70. its always a redneck

    Posted on Tuesday, January 14, 2014 at 1:37am
  71. when will these assholes just drop dead already?!?!

    Posted on Tuesday, January 14, 2014 at 1:40am
  72. Fuck him! Bigot!

    Posted on Tuesday, January 14, 2014 at 1:45am
  73. Another fucked up bigoted ignorant republican….

    Posted on Tuesday, January 14, 2014 at 1:50am
  74. C’mon people, we gotta vote for our supporters all the way down the ballot so this doesn’t happen

    Posted on Tuesday, January 14, 2014 at 1:52am
  75. fuckers” always looking after the money, not our lives. .i.

    Posted on Tuesday, January 14, 2014 at 1:53am
  76. The thing is…we’ve finally reached the turning point where these feeble attempts to hinder progress are seen for what they are…desperation in a losing battle to delay the inevitable and in the process they will be irreparably painted as the bullies the enemies of liberty and justice for all…the villains… they truly are.

    Posted on Tuesday, January 14, 2014 at 2:02am
  77. Shame on you . Whatever happened to With Liberty and Justice for All under the law.?

    Posted on Tuesday, January 14, 2014 at 2:07am
  78. Homophobe KKK member.

    Posted on Tuesday, January 14, 2014 at 2:11am
  79. Evil bigot but this is what the issue is about money this foul monster needs to be removed from power

    Posted on Tuesday, January 14, 2014 at 2:17am
  80. AssHat

    Posted on Tuesday, January 14, 2014 at 2:26am
  81. Still an IDIOT…

    Posted on Tuesday, January 14, 2014 at 2:32am
  82. you dumb fucks keep losing on your fight for inequality and yet you continue to come up with more and more bullshit to waste taxpayers money, get over yourself and give it up, come to grips that it’s a new day and a new era, Equality is HAPPENING

    Posted on Tuesday, January 14, 2014 at 2:35am
  83. Then I propose to deny you right to say you have a heart, asshole.

    Posted on Tuesday, January 14, 2014 at 2:38am
  84. ESAD … MOFO….I am sooo tired of being ‘nice’…

    Posted on Tuesday, January 14, 2014 at 2:44am
  85. I propose that he is a dick… EQUALITY! FUCK YEA!

    Posted on Tuesday, January 14, 2014 at 2:54am
  86. what a pig take your taxes and shove it up your ass

    Posted on Tuesday, January 14, 2014 at 3:00am
  87. Yeah, good luck with that motherf$;&er!

    Posted on Tuesday, January 14, 2014 at 3:07am
  88. This guy looks like that droopy dog on LOONY toons.

    Posted on Tuesday, January 14, 2014 at 3:17am
  89. shes ugly,in any case..

    Posted on Tuesday, January 14, 2014 at 3:20am
  90. Aren’t lawmaker SUPPOSE to keep their religious and other beliefs out of the laws they make.

    Posted on Tuesday, January 14, 2014 at 3:25am
  91. this man only looks for political gain for himself and cares only about himself and not for anyone period , I think until there is equality then I agree the gay community should be tax exempt till there is equal treatment in all states !

    Posted on Tuesday, January 14, 2014 at 3:46am
  92. Get a life already

    Posted on Tuesday, January 14, 2014 at 3:47am
  93. I say we just do away with all of it and make everyone file separately. Even kids.

    Posted on Tuesday, January 14, 2014 at 4:00am
  94. typical Marshall – this guy has been trouble since he was elected to the Va House of Delegates years ago. Unfortunately he lives in a District that was created to protect him from being voted out of office. One day he will leave this earth and there will be many of us who say good riddins! Someone should tell him that the US Supreme Court can overturn unconstitutional laws and it looks like someone needs to bring the VA constitutional amendment up to the Supreme court for review so it can be struck down.

    Posted on Tuesday, January 14, 2014 at 4:04am
  95. You sir are an idiot!!!!!!! EQUALITY FORALL…DON’T YOU GET IT!!!!!

    Posted on Tuesday, January 14, 2014 at 4:08am
  96. Seriously? Get these old goats out of office, and get the younger generation in.

    Posted on Tuesday, January 14, 2014 at 4:24am
  97. Bigot

    Posted on Tuesday, January 14, 2014 at 4:28am
  98. Then LGBT couples should just stop paying taxes. They don’t want to protect us, then they can’t have our money. Better… if LGBT couples don’t get equality under the CONSTITUTION (!) then NEITHER DO THE HETEROS.

    Posted on Tuesday, January 14, 2014 at 4:29am
  99. Damn commonwealth state. ..that’s why im trying to move now…

    Posted on Tuesday, January 14, 2014 at 4:33am
  100. Grow the fuck up already America.

    Posted on Tuesday, January 14, 2014 at 4:36am
  101. Long before Barrack Obama entered politics, long before anti-semitism and antiliberalism had become battle cries for the Religious Right and Tea-Party followers and the Patriots etc, the American Government’s experiment in democracy and social tolerance was steadily undermined by distrust, injustice, and violence. One is almost tempted to say that the President of the United States, the Supreme Court as well as Congress itself did not bring America down; they merely saved it from suicide, by murdering it themselves. It was bankrupt long before the Christian Right appointed themselves as America’s savior against children, adults and eldely who demand as GLBT, equality under the laws of this country.” NOW read and be educated what the Nazis did to GLBT in Richard Plant’s book The Pink Triangle: The Nazi War against homosexuals.

    And tell me that the amended quote (above) from page 23, isn’t just EXACTLY what the Christian Right wants to do to GLBT. They want to annihilate GLBT, by genetics, incarcerations, criminalizing us, and maiming/murdering us. GENOCIDE!! This is their God’s Love? No this is their agenda! They can’t do it here in America (yet) but they have exported their Fear and Hate to Russia, to Nigeria etc.

    Posted on Tuesday, January 14, 2014 at 4:45am
  102. this guy needs to go

    Posted on Tuesday, January 14, 2014 at 4:46am
  103. So sad

    Posted on Tuesday, January 14, 2014 at 5:11am
  104. fuuu

    Posted on Tuesday, January 14, 2014 at 5:21am
  105. Another bigoted piece of shit govt representative!! If his same-sex marriage ban is based on his religious beliefs, then it is illegal!!!

    Posted on Tuesday, January 14, 2014 at 5:48am
  106. Why ?? Bigot !!

    Posted on Tuesday, January 14, 2014 at 6:09am
  107. You ever noticed that is the elderly man who don’t want to younger people to have a sex life I mean come on Now.

    Posted on Tuesday, January 14, 2014 at 6:15am
  108. Cory Jackson Fantastic idea!!! I completely agree…

    Posted on Tuesday, January 14, 2014 at 7:00am
  109. I hate being an American

    Posted on Tuesday, January 14, 2014 at 7:20am
  110. Boo pig!!! :-P

    Posted on Tuesday, January 14, 2014 at 7:34am
  111. Bitch slap this bum, Terry !

    Posted on Tuesday, January 14, 2014 at 8:50am
  112. shut your fucken pie hole you old bag of bones!!!

    Posted on Tuesday, January 14, 2014 at 9:40am
  113. WTF does it matter! They earn the money they pay the taxes!

    Posted on Tuesday, January 14, 2014 at 10:53am
  114. NOW THIS IS ABSURD.. SOMEONE above IS LISTENING. .. but down here it sounds like YOU sir are deflecting your ignorance BEYOND YOUR MEANS & STATUS.
    STEP DOWN peacefully ask forgiveness with caution..for YOU will BE JUDGED BY the Higher Power.

    Posted on Tuesday, January 14, 2014 at 11:04am
  115. What a fucking asshole!

    Posted on Tuesday, January 14, 2014 at 11:55am
  116. I applaud the Va governor for not waisting any time on equality. Keep it up governor and drop this conservative politician. I hope he challenges the governor because the people of Virginia will push back against discriminatory bills like this.

    Posted on Tuesday, January 14, 2014 at 12:36pm
  117. ok now you just showing your IQ…lets put it this way…if you deny same sex couples there tax equality then they shouldnt have to pay taxes period. you can not use the laws to your leverage the american people will fight back

    Posted on Tuesday, January 14, 2014 at 1:52pm
  118. Another example of hate coming to a head! Why?

    Posted on Tuesday, January 14, 2014 at 1:53pm
  119. simply put it is more economic to have a minority paying more tax, equality here means removing tax breaks for married het couples, which is going to really win them votes

    Posted on Tuesday, January 14, 2014 at 1:59pm
  120. He looks incapable of a sane decision!

    Posted on Tuesday, January 14, 2014 at 2:55pm
  121. Moron, go get a real job you are incapable of supporting and defending the Constitution of the United States.

    Posted on Tuesday, January 14, 2014 at 3:19pm
  122. i cant wait till this blows up in their face

    Posted on Tuesday, January 14, 2014 at 3:52pm