Archive for Friday, October 4, 2013

Brownback administration won’t treat same-sex married couples the same for tax purposes

October 4, 2013


— Same-sex couples who were legally married elsewhere but live in Kansas won't be treated as equals to opposite-sex couples for state tax purposes, Gov. Sam Brownback's administration declared today.

The decision drew a protest from a leading gay rights organization in Kansas.

"We insist that the Brownback administration immediately rescind this discriminatory directive, and treat gay and lesbian taxpayers with the same fairness every other Kansan is treated," said Thomas Witt, executive director of Equality Kansas.

The Kansas Department of Revenue has instructed same-sex couples to use the single filing status when filing state income tax returns next year. This will require same-sex married couples to do more paperwork and pay more taxes.

For same-sex couples filing as married for the first time at the federal level, the Revenue Department will provide a worksheet in the Kansas instruction booklet for calculating the income, deductions, and credit data to enter on each person's Kansas return, the department said.

In June, the U.S. Supreme Court ruled that legal marriages of same-sex couples must be recognized by the federal government, including couples who presently live in states, including Kansas, that ban gay marriage.

Thirteen states and the District of Columbia permit same-sex couples to marry.

Following that ruling, the Internal Revenue Service issued directives that legally married couples, same-sex or opposite sex, are to file their federal income taxes as married regardless of where they live. But the decision left it up to states on how to treat same-sex couples on state taxes.

Witt said the requirement from the Revenue Department wasn't fair.

"According to Kansas law, married couples are to use their Federal filing status as the basis for their Kansas taxes, but now, legally married gay and lesbian couples are being told to ignore the law and fill out separate forms that apply only to them," Witt said.

The Revenue Department said the approach it has put in place is recommended by the Federation of Tax Administrators, adheres to the Kansas Constitution's definition of marriage as being between one man and one woman, and complies with the Supreme Court's decision.


avarom 4 years, 8 months ago

Great example of religious beliefs influencing basic human rights!

Religion is based on faith; Law is based on fact! The two need to be kept separated!

Bobby Burch 4 years, 8 months ago

I smell some more expensive, blatantly unconstitutional defense litigation in Kansas ' future ...

Keith 4 years, 8 months ago

File as married and take them to court. If enough couples do that they'd be busy for a while. Not to mention they'd have to legally defend the indefensible.

question4u 4 years, 8 months ago

Kansas isn't a place where laws of the United States should apply. Too many Kansans don't like the United States or all that equality stuff. If you recognize gay and lesbian marriages for tax purposes pretty soon you'll have justice breaking out, and Kansas as we know it might be a thing of the past. No, Sam's definitely right. Kansas shouldn't be a part of the United States.

Paul R Getto 4 years, 8 months ago

The Klown car is spilling out again on Topeka.

Joe Hyde 4 years, 8 months ago

This decision by the Brownback administration also means that same-sex Kansas couples won't view Republican "conservatives" favorably for voting purposes.

jafs 4 years, 8 months ago

Most same-sex couples already view them that way.

jafs 4 years, 8 months ago

There are conservative gays and lesbians.

FarleyM 4 years, 8 months ago

I wish I was treated tax wise the same as same-sex legally married out of state people. Do you posters realize the tax disadvantages of couples living together not married? Tax advantages, as in not being forced to give your money to the government.

Brownback has just given them, and only them, a favorable treatment. Which is discrimination in my book.

Cait McKnelly 4 years, 8 months ago

Actually, Kansas recognizes common law marriage as does the Feds. You can file as married if you like, if you live together, both at the Federal and state levels. You don't remember the tax day "weddings" at the post office?

FarleyM 4 years, 8 months ago

I meant to type advantages not "disadvantages".


Money wise, it is cheaper to file separately State and Federally.

elliottaw 4 years, 8 months ago

Don't let the facts get in your way, it is not an advantage to file seperate, you pay more taxes that way because you are taxed at a higher rate

beebo 4 years, 8 months ago

It is factually incorrect to state that every couple will pay more tax. Most will pay less filing as single status. If Scott had done his homework, he would have known this. Unfortunately this doesn't fit his narrative.

FarleyM 4 years, 8 months ago

That would definitely make if tax fairer.

Paul Wilson 4 years, 8 months ago

Nice headline. Where in the article does it show how they "won't treat same-sex married couples the same"? Sounds like they're treating them the illegitimate. Some of you are hybrid socialists/communists and expect everyone to pay your way. You elect officials to reflect those views. Brownback is religious. He's also pretty bright. Like the Kansans that elected him. If you show him an apple and an orange and you tell him they are the same...he's going to argue with you.

weeslicket 4 years, 8 months ago

"Some of you are hybrid socialists/communists and expect everyone to pay your way."

so, paying one's taxes is expecting everyone else to pay one's way, and also makes one a hybrid socialist/communist. got it.

yourworstnightmare 4 years, 8 months ago

"According to Kansas law, married couples are to use their Federal filing status as the basis for their Kansas taxes..."

More evidence that the law must bend to Brownback's ideology.

Brownback does not respect the law when it is not in line with his religious ideology. He would rather have a nation not based on the rule of law but on the rule of men and their ideologies.

flloyd 4 years, 8 months ago

It's Adam and Eve...not Adam and Steve.

voevoda 4 years, 8 months ago

What does Genesis have to do with the parameters of marriage in the US in the 21st century? Most Biblical forms of marriage aren't legal. Some forms of marriage banned in the Bible are legal.

Beth Ennis 4 years, 8 months ago

the bible also says you cannot divorce, and anyone who marries a divorced woman is committing adultery. It doesn't say a divorced man, and it makes NO exceptions for divorce. So, why is divorce legal and remarriage also legal?

Lisa Medsker 4 years, 8 months ago

I'm going to venture to guess that it's because we aren't SUPPOSED to be a Theocracy. But that mostly isn't necessarily true, anymore, given the number of people screaming about their "rights" being trampled on by NOT being a Theocracy.

jafs 4 years, 8 months ago


I know you don't really mean it, but that's the basis for a lot of anti-female feeling, in my opinion.

It neatly leaves Adam out of the equation, though, as if he didn't have a choice, just as people often blame women who get pregnant out of wedlock but not the men who impregnate them.

Fred Whitehead Jr. 4 years, 8 months ago

And what would you expect from the righteous, religious republican Reich in Cedercrest?

As long as the Koch Regime continues to be in control, Kansas will continue to behave as the prejudiced, bigoted, 19th century style "government".

beebo 4 years, 8 months ago

If you don't like the law, then rally to change it. The Governor is just following the current law.

gatekeeper 4 years, 8 months ago

Did you read the article? You're supposed to file the same on your state taxes as you do on your federal. If you file married on your federal, you file married on your state. Brownback is saying you can't do that, but that's the KS law. HE'S BREAKING THE LAW.

jafs 4 years, 8 months ago

Unfortunately, that would be "our" money defending the lawsuits.

beebo 4 years, 8 months ago

It is a fact that many, if not most, will pay more tax for that right. :) Be careful what you wish for.

Beth Ennis 4 years, 8 months ago

thinking more about this, I don't know how this is going to work. If a gay couple files jointly with their federal taxes, then most of the figures for the state tax forms are pulled straight from the federal form. How is that going to work? Also, we all know this will be challenged in court, so we all know this is going to cost Kansas a bundle in defending one or multiple law suits. I hope all of Brownie's supporters are happy about the waste in money that state doesn't have to begin with.

JayhawkFan1985 4 years, 8 months ago

Yep, the GOP is for getting the government out of our lives...unless they don't like what we are doing. Then they try to impose their views on the rest of us in a George Orwell sort of way. Btw, I'm a man married to a woman.

stevieboy 4 years, 8 months ago

lol...i bet ur thinking about it tho...

bad_dog 4 years, 8 months ago

You obviously are...

BTW, is that "stevie" as in Nicks? lol

JayhawkFan1985 4 years, 8 months ago

Yep, the GOP is the law and order party...except when they don't like the law. Then they advise people to break it. This is just one example. Advising people to not sign up for health insurance through is another.

JayhawkFan1985 4 years, 8 months ago

Yep, the GOP is the party of fiscal responsibility except when they pass laws in Kansas or take administrative actions like this when they know with 100% certainty that it will result in a lawsuit they will lose and cost Kansas taxpayers millions of dollars.

Fred Whitehead Jr. 4 years, 8 months ago

And Grand Dear Leader of Kansas continues to rail against the gay community and show his incredibly ignorant stance. Just like the idiots that voted for him.

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