I'm so tired of the g*y marriage argument but I have a question. Since it's a state matter?

Question

How would a g*y married couple file their federal taxes?

Answer 1

As a married couple..jointly

Answer 2

OK to start it is not a State matter

Federal Supreme Court ruled decades ago that Yes marriage is a basic+fundamental right.  as such it cannot be voted on since it would be inalienable....it would be the same as saying "Well majority voted and left handed people can no marry"

That makes it 1) law of land 2) interpretation of the US Constitution which is the ultimate authority over Federal AND State governments.

As to how to file just file as married if you got married

Answer 3

Federal law doesn't recognize g*y marriages, so at this time you would have to file your federal returns as single, not married, if you were in a g*y marriage even if it's recognized by your state.

You might be able to file your state return as married, unless you are in a state that requires you to file for state the same way you file for federal.

Answer 4

just like ANY married couple...married is married you have 2 choices, filing married head of household or filing seperate..like ALL married couples have the same choice.

Answer 5

Remember that in CA there is pending regulation to add a g*y marriage ban to the constitution. If it passes then your marriage wont be legal and you wont be able to file jointly anyway. CA does allow Registered Domestic Partners file jointly.

Answer 6

If you're legally married according to the laws of the state you lived in at the time of the marriage, you file as married. That's why common law couples are allowed to file as married in states that recognize common-law marriages.