On January 21, the Colorado State Senate gave SB-19 initial approval on
its first reading, a bill that would permit legally married gay couples
to file their state taxes jointly, despite the state’s official ban on
marriage equality, if they also file their federal taxes jointly.
The text of the bill
states, “The bill requires any 2 taxpayers who may legally file a joint
federal income tax…to file a joint state income tax return if they file
a joint federal income tax return.”
SB-19 was sponsored by
Senator Pat Steadman (D-Denver), a gay man himself, who was also behind
the 2013 legislation that granted LGBT couples in the state legally
recognized civil unions.
The largest LGBT advocacy group in the state, One Colorado,
released a statement praising the decision. According to NPR’s
Community Radio for Northern Colorado, Executive Director Dave Montez
wrote, “Today’s Senate passage of SB-19 is an important step forward for
loving, committed couples across our state—who would gain important
protections to take care of each other and their families through this
legislation. But the reality is that this law wouldn’t even be necessary
if everyone in Colorado had the freedom to marry. So while we celebrate
the fair-minded Senators whose leadership helped move SB-19 forward, we
know we must continue working to secure marriage equality in our state.
No Coloradan should be denied the basic freedom of marrying the person
they love.”
Fox News Denver
reported that Senator Ted Harvey (R-Highlands Ranch) headed the
opposition to the bill, claiming, “We have an eight-page bill that does
nothing but strike the word marriage out of state statute. This is a
direct attack on the institution of marriage.”
In turn,
Steadman pointed out that SB-19 is an amendment only to the tax code,
calling the current law “sort of like going back to the days of separate
restrooms and water fountains for different groups of citizens. It
doesn’t make sense that we don’t allow everyone to participate fairly,
pay their taxes in an equal manner.”
In 2006, Colorado voters
passed an amendment to the state constitution that banned marriage
equality, thus also preventing gay couples who legally married in other
states from filing their taxes jointly. However, since DOMA was struck
down in June 2013, such couples have been allowed to file their federal
taxes jointly regardless of the law in their home state.
SB-19 must pass a final Senate vote before being sent to the House.
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