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U.S. gov’t to recognize same-sex marriages for tax purposes

Even legally wed couples in non-marriage equality states will be eligible for tax benefits

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Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade
Jeff Zarillo, Paul Katami, Sandy Stier, Kris Perry, David Boies, Chad Griffin, gay marriage, same-sex marriage, marriage equality, Proposition 8, Defense of Marriage Act, DOMA, Prop 8, California, Supreme Court, gay news, Washington Blade

The U.S. government will treat married same-sex couples as equal in the aftermath of the court ruling against DOMA (Washington Blade photo by Michael Key).

The legal same-sex marriages of gay couples — whether or not they reside in a state that observes their union — will now be recognized for tax purposes in the wake of the Supreme Court decision against the Defense of Marriage Act.

Treasury Secretary Jacob Lew announced the change on Thursday in a joint statement with the Internal Revenue Service.

“Today’s ruling provides certainty and clear, coherent tax filing guidance for all legally married same-sex couples nationwide,” Lew said. “It provides access to benefits, responsibilities and protections under federal tax law that all Americans deserve. This ruling also assures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change.”

The decision, which brings the Obama administration into compliance with the ruling against DOMA, means gay married couples will be able to file federal taxes jointly each year. The announcement also means married gay couples be treated the same as opposite-sex married couples for income and gift and estate taxes.

These couples, according to the joint statement, will now be treated equally in terms of claiming personal and dependency exemptions, taking the standard deduction, employee benefits, contributing to an IRA and claiming the earned income tax credit or child tax credit.

LGBT advocates applauded the Obama administration for instituting the change, which they said would help bring relief to married gay couples throughout the country.

Evan Wolfson, president of Freedom to Marry, said the announcement makes today “a day of celebration and relief for married same-sex couples all over America.”

“At long last, the IRS will treat them as what they are: married,” Wolfson said. “Freedom to Marry commends the administration’s swift implementation of the Supreme Court’s landmark ruling for federal equality in an area that will have a direct, tangible impact on families’ financial health.”

Chad Griffin, president of the Human Rights Campaign, also praised the Obama administration for implementing the change.

“With today’s ruling, committed and loving gay and lesbian married couples will now be treated equally under our nation’s federal tax laws, regardless of what state they call home,” Griffin said.  “These families finally have access to crucial tax benefits and protections previously denied to them under the discriminatory Defense of Marriage Act.”

The issue of unequal federal taxation for gay married couples was the reason why the Supreme Court struck down Section 3 of DOMA. Plaintiff Edith Windsor, a New York lesbian, sued the U.S. government because she had to pay $363,000 in estate taxes upon the death of her spouse, Thea Spyer.

According to the statement, the federal government will now recognize for tax purposes any legal same-sex marriage — even if the couples resides in a state that doesn’t observe the union. However, the new policy doesn’t apply to domestic partnership or civil unions.

Troy Stevenson, executive director of the New Jersey-based Garden State Equality, said the decisions demonstrates why his state needs to enact marriage equality. New Jersey offers civil unions, but not same-sex marriage.

“While this is great news for couples who have been married in the 13 states that recognize full marriage equality; let us be clear, New Jerseyans should not be required to cross state lines to be afforded the dignity of marriage,” Stevenson said. “This decision by the IRS makes it crystal clear that civil unions are not now, and never will be equal to marriage.”

Additionally, gay couples may file an amended return if they feel they would’ve receive a refund in one or more prior tax years still open under the statute of limitations. That means these couples generally can file a refund claim for up to three years in the past: 2010, 2011, and 2012. Under some circumstances, such as signing an agreement with the IRS to keep the statute of limitations open, they may be able to seek a refund from an earlier time.

Further, gay employees who receive same-sex spouse health insurance coverage from their employers on an after-tax basis may treat the amounts paid for that coverage as pre-tax and excludable from income.

Pending legislation in the Senate that would have eliminated the federal tax on employer-provided health insurance for same-sex couples is known as the Tax Parity for Health Plan Beneficiaries Act.

Sen. Charles Schumer (D-N.Y.), the sponsor of the bill, said in a statement to the Washington Blade he welcomes the new policy from the administration, but still seeks passage of his bill cover individuals in civil unions or domestic partnerships.

“Today’s ruling is an important part of implementing the Supreme Court’s historic decision to overturn DOMA,” Schumer said. “I still strongly believe that couples in civil unions and domestic partnerships should receive the same tax treatment as all married couples and will continue to push for exactly that.”

Senior Treasury officials lay out new policy

In a conference call with reporters, senior Treasury officials, speaking on condition of anonymity, laid out the reasoning by which the administration determined that married gay couples living in non-marriage equality states would be recognized for federal tax purposes.

“We have a federal tax code that applies to all 50 states,” officials said. “The thought process was that from tax administration standpoint, it made sense to have rules to apply across the entire nation. So, same-sex couples that are married under federal law in one state should get similar treatment regardless of where they live. On the flip side, from the administration’s standpoint, it would be very difficult to administer a situation it was dependent on where a taxpayer lived on what the state was in that time.”

Officials said the reasoning was analogous to the administration’s previous determination that common law marriages, or some kind of irregular marriage, would be recognized as a union for federal tax purposes.

It’s possible that under some circumstances, married gay couples will have to pay more in taxes than they were paying with DOMA in place. Officials didn’t have an exact number for how many gay couples would pay more in taxes, but expected it would be proportionate to the number of straight couples.

While gay couples may file an amended tax return for up to three years in the past, officials said there’s no obligation to do so — even if they should have had to pay more in taxes under the new policy.

“It’s basically the taxpayers option to that, to go back and file an amended return,” officials said. “There are instances in which a taxpayer would find it advantageous to file an amended return claiming a joint filing status for a previous tax year, but it’s not a requirement.”

In the event that an employer offers domestic partner health benefits to gay employees, but doesn’t recognize same-sex marriage, officials said federal tax immunity would also apply to these benefits. That would be a situation to similar to Walmart, which is set next year to offer domestic partner health benefits to gay employees in same-sex relationships, but won’t recognize same-sex marriages.

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2026 Midterm Elections

As Washington shifts right, Democratic Socialists gain ground

Next major test for movement comes in Midwest

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New York City Mayor Zorhan Mamdani (Screen capture via NYC Mayor's Office/YouTube)

As President Donald Trump’s second administration has pushed the federal government further to the right on issues ranging from immigration to LGBTQ rights, a different political movement has been gaining momentum inside the Democratic Party.

From industrial communities in upstate New York to Colorado’s Front Range, candidates aligned with the Democratic Socialists of America (DSA) have won a series of victories in Democratic primaries this year, in several cases defeating longtime incumbents who had represented Democratic strongholds for years. Their success has reignited debate over the Democratic Party’s future, as a growing faction of progressive voters calls for a more confrontational approach to economic inequality, healthcare, housing, labor rights, climate policy, and LGBTQ protections rather than what they view as the party’s increasingly cautious establishment.

These victories also reflect a broader ideological divergence in American politics. While Republicans under Trump have embraced a more conservative governing agenda, many Democratic primary voters in safely blue districts appear to be rewarding candidates running on unapologetically progressive platforms that reject incremental change in favor of more sweeping reforms.

The Democratic Socialists of America (DSA), the nation’s largest socialist organization, says it has more than 100,000 members and chapters in all 50 states. The organization advocates what it describes as democratic socialism — promoting social and economic equality through democratic government while supporting a larger public role in healthcare, housing, labor protections, education, and other social programs alongside a regulated market economy.

On its website, the DSA explains its goals are to utilize “progressive movements for social change while establishing an openly democratic socialist presence in American communities and politics.”

For LGBTQ Americans, the organization has long supported expansive nondiscrimination protections, marriage equality, transgender rights, and broader legal protections through a platform first adopted in 2017. Its LGBTQ policy calls for federal legislation prohibiting discrimination, expanded access to gender-affirming healthcare, reproductive freedom, and opposition to laws targeting LGBTQ people.

The movement’s biggest victories came in New York.

Just months after the election of New York City Mayor Zohran Mamdani, a democratic socialist, candidates backed by the DSA and allied progressive organizations swept Democratic primary elections that many political observers viewed as a referendum on the party’s ideological direction.

Among the most notable victories were Brad Lander’s defeat of incumbent Rep. Dan Goldman in New York’s 10th Congressional District, Claire Valdez’s victory over Brooklyn Borough President Antonio Reynoso in the 7th District, and Darializa Avila Chevalier’s upset of five-term incumbent Rep. Adriano Espaillat in New York’s 13th Congressional District.

Overall, nine of the 10 New York City candidates backed by the DSA won their Democratic primaries, further cementing the organization’s growing influence in the nation’s largest city and demonstrating that democratic socialist candidates can compete beyond isolated local races.

Outside New York, the trend continued.

In Colorado, Melat Kiros defeated 15-term incumbent Rep. Diana DeGette in one of the cycle’s biggest primary upsets. Kiros campaigned without accepting corporate PAC contributions and criticized DeGette’s fundraising practices and foreign policy positions, presenting herself as an alternative to the Democratic establishment.

While socialist movements have existed in the United States for more than a century, democratic socialism remained largely on the political margins for decades. That began to change following Sen. Bernie Sanders’ presidential campaigns in 2016 and 2020, which introduced millions of Americans to democratic socialist ideas and energized a younger generation of progressive activists.

Although Sanders never won the Democratic nomination, his campaigns helped reshape the party’s left flank by elevating issues such as universal healthcare, tuition-free public college, stronger labor protections, and economic inequality into the mainstream Democratic conversation.

Today, the movement’s most recognizable elected officials include Rep. Alexandria Ocasio-Cortez and several members of the congressional “Squad,” who have helped normalize the democratic socialist label among younger Democratic voters and increasingly challenged party leadership from the left.

For LGBTQ voters, democratic socialist candidates have frequently positioned themselves among the Democratic Party’s strongest advocates for transgender rights, particularly as the Trump administration has sought to restrict access to gender-affirming healthcare, military service, and other legal protections for transgender Americans.

The next major test for the movement may come in the Midwest.

In Michigan, progressive candidate Abdul El-Sayed is locked in a closely watched Democratic Senate primary, while in Wisconsin, DSA-backed Francesca Hong is seeking her party’s nomination for governor. The outcomes of those races could offer another measure of whether democratic socialism’s recent gains represent a lasting realignment within the Democratic Party or are concentrated primarily in deep-blue urban districts.

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In Trump’s divided America, Michael Weinstein’s AHF responds

PART 1 | Group helps Venezuela, president on Democratic Socialists, Fla. march

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(Photo courtesy of AIDS Healthcare Foundation)

As the United States of America acknowledges her 250th birthday, too many Americans are partying with fewer family and friends because their wallets and their patriotic hearts just aren’t in it. Meanwhile, the president is using taxpayer dollars to finance ugly pet projects, and a war of choice with Iran that no one wants, and Congress didn’t authorize, while We the People just watch an uncontrolled Trump train speeding through American lives.

Theoretically, this is nothing new. Since the nation’s founding in 1776, individuals have struggled with where to place their allegiance to best uphold their personal freedom and protect the collective unity of the country.

But now the simple democracy-project premise “of the people, by the people, and for the people” has been upended and subverted by Donald Trump, the amoral corrupt 47th president who is using the once independent Justice Department to bypass “due process” and pursue retribution against his enemies — especially around his baseless 2020 election claims — while rewarding his Jan. 6 army of criminal loyalists with pardons and a proposed $1.8 billion “anti-Weaponization” slush fund, now temporarily blocked by a federal judge.

There have been amoral and ineffectual presidents in the past, as well as arrogant presidents who wielded power inhumanely, such as Andrew Jackson, who defied the Supreme Court and oversaw the Indian Removal Act, and Rutherford B. Hayes, who pulled troops out of the South, effectively ending the post-Civil War Reconstruction era. And there have been dangerous, outright liars like Richard NixonLyndon Johnson, and Warren G. Harding, whose Teapot Dome Scandal in his administration may have killed him.

But American history has never seen such a profoundly corrupt con artist who has taken over the federal government, installing ideological autocratic loyalists intent on expanding Trump’s power in the Supreme Court and Congress — the second and third branches of government intended to provide checks and balances to an overreaching Executive.

And now, in allegiance to White Supremacy and Christian Nationalism, Trump is trying to claim the right and power to decide who gets to claim citizenship, how he can pre-determine the outcome of elections through gaslighting and disinformation, and how he can make American residents afraid and silently complicit by not challenging his blatant racism, sexism, and transphobia.

New York Times columnist M. Gessen writes: “Read the Supreme Court’s recent ruling on transgender athletes — the majority’s decision, written by Justice Brett Kavanaugh, and the dissent, written by Justice Sonia Sotomayor — and you will see the members of the court arguing about something more fundamental than the law. They are arguing about who should be seen, whose story ought to be heard, and who deserves to be protected.”

AIDS Healthcare Foundation co-founder and President Michael Weinstein might add that deciding who lives and dies is fundamental, too. The nonprofit is the world’s largest provider of HIV medical care, cutting-edge medicine, and advocacy regardless of ability to pay with 3 million in care and 50 countries served.

AHF has a history of acting quickly with coalitions when there is a need. For that, Weinstein was honored by the Los Angeles Urban League on June 24 with the John W. Mack Legacy Award during the annual Whitney M. Young Jr. Awards Celebration.

“The Los Angeles Urban League is proud to present the John W. Mack Legacy Award to Michael Weinstein — transformative leader, fearless advocate, and champion for health equity and human rights,” they wrote in their announcement on Facebook.

“As founder and president of AIDS Healthcare Foundation, Michael Weinstein has led one of the largest global HIV/AIDS medical care providers in the world, expanding access to treatment, housing, prevention, and advocacy for underserved communities. His bold leadership has saved lives while challenging stigma and systemic inequities in healthcare,” they continued.

“For decades, he has stood at the intersection of public health and social justice — building systems of care that affirm dignity, expand access, and ensure that the most vulnerable are not left behind. His unwavering advocacy reflects the very principles that guide the Los Angeles Urban League’s mission: advancing equity, protecting opportunity, and strengthening communities,” they said. “In many ways, his work echoes the legacy of Whitney M. Young Jr. — courageous leadership rooted in policy, partnership, and a belief that justice must be both spoken and enacted.”

Interestingly, on June 24, the night the Urban League celebrated Weinstein as “a leader whose impact continues to shape a more just and compassionate future,” two consecutive 7.2 and 7.5 magnitude earthquakes struck northern Venezuela, killing and injuring thousands.

Interim President Delcy Rodríguez later called the earthquakes the “most brutal natural catastrophe” in Venezuela’s history.

In a horrific twist of fate, the BBC reported that ICE had deported more than 140 Venezuelans back to their home country on June 24, where they were housed in a hotel near the coast. The massive quakes struck there hours later, killing at least 2,200 people, injuring more than 10,000, and, according to UN figures, leaving 50,000 missing.

On July 2, the Venezuelan government estimated that 2,295 people died in the earthquakes, with another 11,000 injured.

“However, that’s believed to be a vast undercount. Gianluca Rampolla del Tindaro, the United Nations’ humanitarian coordinator for Venezuela, said the organization was procuring 10,000 body bags. And U.N. emergency relief coordinator Tom Fletcher called an estimate of 50,000 missing people ‘terrifyingly plausible,’” PBS reported.

Remember when Trump said the U.S. will ‘run’ Venezuela after capturing Maduro in surprise military strike?

Meanwhile, the Associated Press reported that Immigration and Customs Enforcement arrested 10,000 people over a five-day period at the end of June — that’s roughly 2,000 arrests per day — continuing Trump’s mass deportations agenda. No news about where they might be sent.

Supplies for Venezuela arriving. (Photo courtesy of AHF)

But while Trump is wildly spinning about his Fourth of July plans, AHF is in Venezuela, actively helping those in desperate need.

“The number of fatalities continues to rise, and many shelters have been set up in public spaces to help those in need. Hospitals and morgues are working tirelessly beyond their capacity, demonstrating the community’s resilience. Fortunately, international rescue teams have arrived, offering much-needed assistance to recover those still trapped in the debris. Venezuela’s government response has been uncoordinated, poor, and delayed, influenced by political interests,” AIDS Healthcare Foundation Latin America Bureau Chief Patricia Campos wrote to Weinstein on June 29.

(Photo courtesy of AHF)

“Despite the communication challenges, our team from AHF Colombia has been communicating with 600 of the 1080 of our patients in care who live in Venezuela. We are continuing to search for the 480 others to be sure they are alive or to support them,” Campos concluded, noting that AHF´s Emergency Aid supplies arrived with 11/13 Foundation and distribution was underway.

In an hour-long Zoom interview, Weinstein talked about a number of issues, including his long association with U.S. Sen. Bernie Sanders (I-Vt.), a self-described Socialist, and the New York races that just yielded three Democratic Socialist candidates (Part 1) and his long, successful fight against Florida Gov. Ron DeSantis’s HIV/AIDS cuts (Part 2).

Check out the video interview here.

“Well, as a native New Yorker,” Weinstein says, “the election in New York is a clash between the corporate Democrats and, particularly, a younger generation, with the exception of Bernie. It’s an epic change, right? And I would say that younger people who powered this (New York Mayor) Mamdani, AOC (New York Congresswoman Alexandria Ocasio-Cortez), and the rest of the movement do not feel that they have a stake in the system the way it is, right? And so, they’re willing to look at more radical answers.

“And this really is similar to the 1930s, you know, whereby when [President Franklin D.] Roosevelt came to office, who was a blue blood, right? He basically said, ‘in order to save the system, we have to move in the direction of socialism.’ He may not have called it that, but that’s essentially what it was,” Weinstein says.

“I mean, the model for democratic socialism is essentially Scandinavian and Northern European countries, right? Which is, essentially, a capitalist system that has a strong safety net, or basically says, ‘we’re going to tax the rich heavily in order to maintain a minimum level of existence for everyone.’

“So that’s basically what Bernie is espousing, and what Mamdani and others are espousing. And I don’t take too seriously … the characterizations that Trump has of them being Communist, et cetera, et cetera.”

Weinstein, longtime Latina activist Dolores Huerta, and an expected crowd of thousands in an AHF-created coalition are participating in a We The People March for Freedom in Trump’s Florida backyard on July 3.

“At a time in our nation when healthcare is being rationed, and rents are outpacing wages, teachers are working second jobs, and rural hospitals are closing, we must continue to stand up for what’s right for all Americans. July 4, 2026, marks 250 years since the Declaration of Independence. The We the People March for Freedom is not just an event to celebrate this document or its declaration of independence, but the night before the fireworks, to remind America what and who it’s for,” stated Esteban Wood, AHF director of advocacy and legislative affairs and March for Freedom coordinator.

This is a cross-post from Ocamb’s LGBTQ+ Freedom Fighters Substack.

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Buttigieg says false report temporarily separated him from his children

Michigan State Police corroborated his account

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Pete Buttigeig (Washington Blade file photo by Michael Key)

Former Transportation Secretary Pete Buttigieg on Friday recounted being separated from his children following an anonymous police report later determined to be false.

The openly gay former mayor of South Bend, Ind., and current 2028 presidential contender was accused of posing a danger to his children and was not allowed to be with his four-year-old twins until after interviews were conducted.

Buttigieg went public with this account on his Substack, sharing how a woman anonymously — and falsely — accused him of posing a danger to his children.

“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”

Michigan State Police spoke to the BBC following Buttigieg sharing his story.

“The Michigan State Police and Child Protective Services responded and determined the report was false.”

The statement also went on to explain that these types of false reports were “dangerous” and divert “workers from responding to legitimate emergencies and protecting vulnerable children and families.”

In that post recounting the ordeal, Buttigieg continued, saying that it was “among the darkest hours of my life,” and pointed out that his children should not be subjected to this type of harassment as a circumstance of his own place in the national political spotlight.

“They are four years old. Four. They do not know or care what a Democrat or a Republican is.”

He finished his post:

“We cannot let American politics keep going in this direction. And we must not all go on as if it’s acceptable for this kind of thing to be part of the cost of entering public service.”

“Most importantly, Chasten and I will continue to pour ourselves into the joyful and demanding work of raising and educating our two children. Being their parents is the best thing in our lives. They are just children, kids who deserve the best upbringing that their parents can provide, who mean more to us than anything, whom we love beyond words and will do anything to protect, and whose right to a safe and happy childhood deserves absolute and unconditional respect.”

In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:

“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”

Buttigieg was transportation secretary during the Biden-Harris administration.

The Washington Blade reached out to Michigan State Police to ask if any disciplinary actions would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. the story will be updated as new information is shared.

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