LGBT activists protest inequality on tax day

Heather Cronk, GetEqual’s managing director, says that some 14 demonstrations were planned, including a flash mob in Albuquerque late last week.

The New York Times recently reported that some same-sex married couples were refusing to file their taxes separately in protest of DOMA. There’s even a website,, dedicated to providing information to same-sex couples who wish to file jointly.

“Across the country, legally married gay couples are taking a stand,” the website reads. “We are refusing to lie about the fact that we are married. Taking this principled stand is not without risk and each person doing so needs to carefully consider those risks before deciding if it is a stand you are willing to take.”

Of course, those who indicate their same-sex marriage status on a federal tax return risk penalty from the Internal Revenue Service. There are ways around the penalty, while still claiming your married status, according to

  • File two single returns (including the attachment affirming the marriage) and then file an amended return, filing jointly. The amended return is a 1040X. Once the IRS rejects the amended return, or if six months passes and they do nothing, the taxpayers who file an amended return have the right to file suit in federal district court claiming the refund.
  • Submit two returns to the IRS, one filed jointly, showing the tax due on a joint return, and one filed as a single taxpayer, showing the tax due on a single return. Explain your constitutional and moral theory entitling you to file a joint return. Pay whatever amount is due on the single return and ask the IRS to choose which return to accept.

A similar demonstration was held last last year during the U.S. Census when activists called for LGBT couples to “Queer the Census” by indicating they were married on the official form.


Top photo: Demonstrators in Washington D.C. protest inequality on tax day (via Facebook)