Supreme Court gay marriage ruling will affect 179 federal tax provisions and thousands of same-sex couples

June 10, 2013

Sometime this month, the U.S. Supreme Court will decide two gay marriage cases, California's Proposition 8 legalizing same-sex marriages in that state and the federal Defense of Marriage Act, or DOMA, which defines marriage for federal purposes as being the exchange of vows between one man and one woman.


Same sex marriages performed at Seattle City Hall Dec 9 2012 by Michael Holden via Flickr CC

One of the 138 same-sex newlywed couples who were greeted by a cheering crowd after their weddings
at City Hall in Seattle on Dec. 9, 2012, the first day that
same-sex couples could marry in the state of Washington. Photo by Michael Holden via photopin cc

The justices' opinions will affect the hundreds of thousands of gay couples who, under their states' laws, are married or who hope to one day marry.

Most of those couples want to exchange vows because they love one
another. But, as a tax geek bride who pushed her wedding date into
a new year partially for tax reasons
, we can't ignore the tax consequences, good and bad, of being married in the eyes of the Internal
Revenue Service.

A 2004 Government Accountability Offices, or GAO (which until July
of that year was called the General Accounting Office) analysis found
there were 1,138 federal laws in which marital status is a factor. Of
those statutes, 179 were part of the Internal Revenue Code.

Both the overall number of laws and the number of tax-specific
provisions cited in 2004 were an increase from the GAO's 1996 look into
the matter following the enactment of the DOMA. Back then, the GAO
counted 1,049 total marriage-related federal statutes and 59 tax provisions.

So in recognition of the increase in marriage-related tax laws, which
I'm sure have grown even more since the GAO last looked nine years ago,
and the impending Supreme Court ruling on DOMA, 179 is this week's By the Numbers figure.

For better or worse, in taxes too: Most married couples find that they benefit from federal tax laws when it comes to their joint filing status. Some heterosexual couples, however, find that their particular situations mean the tax code costs them.

It's that same marital tax treatment, for better or worse, that same-sex couples are seeking. 

And while most folks, regardless of their sexual orientation, will deal with the IRS on relatively routine matters, such as filing status and tax credit and deduction claims, marital status concerns also come into play when there are estate and gift tax considerations.

When your spouse is the same sex as you, estate tax planning and costs can increase substantially.

In fact, if was those differing estate tax costs for a lesbian married couple that prompted the filing of the DOMA lawsuit now before the Supreme Court.

You also might find these items of interest:

Share:

The More Tax Posts tab at the top of this page will take you to, well, more tax posts. You also can search below for a tax topic. 

Latest Posts
The latest Dirty Dozen tax scam list is familiar because too many are still falling for the schemes

March 5, 2026

Tax filing season is also peak time for tax scams. Be on the lookout for…

Read More
Hello Tax Season 2026

Happy New Tax Year! Are you ready to file your 2025 tax return? I know, too early to ask. But Tax Day 2026 will be here before we realize it. The Internal Revenue Service deadline to file and pay any tax we owe is the regular April 15 date this year. It’s also Tax Day for most of the states that collect income taxes from their residents, which is most of the states! If that seems too far away right now, don’t worry. As is the case every tax season, the ol’ blog’s tips and other tax reminders should help all of us meet our state and federal responsibilities. Procrastinators also will want to keep an eye on the countdown clock just below. It tracks how much time we have until April’s Tax Day, just in case we put off our annual tax task until the absolutely final hours and decide we need to instead get an extension request into the IRS by that date. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

Comments
Leave the first comment