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Richard Neidich (left) and Edward Horvath were married in Massachusetts last June. They were criticized by some local gay activists for subjecting D.C. gays to possible retribution by Congress.
 
 
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Married gays can file joint D.C. tax returns
Statement by attorney general surprises gay activists

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Apr 22, 2005  |  By: LOU CHIBBARO JR.  | COMMENTS      Printer Friendly Version



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belief that they are a validly married couple under the laws of Massachusetts,” Satterfield wrote. “The Office of Tax & Revenue reserves the authority to review the return for its legal validity under D.C. law upon receipt of the return in order to determine whether D.C. will accord recognition to the out-of-state marriage,” Satterfield wrote. “This review may include proof of marriage, including date and place of the marriage.”

In a separate e-mail to Graham, Spagnoletti stated, “As you can see from the response we sent to Mr. Horvath on April 14, validly married same-sex couples may file a joint D.C. Form 40.”


Gay groups offer support
Horvath, who works for the federal government, said he received messages of support from other gay rights groups over the tax issue, including at least one national group, but he declined to identify them, saying he would rather leave it to the groups to issue their own statements at a time they deem appropriate.

David Smith, vice president of the Human Rights Campaign, the nation’s largest gay political group, called Spagnoletti’s statement on joint tax filings for married gay couples “an isolated situation unique to D.C.”

“Its national significance is minimal,” Smith said. “But anything that happens in D.C. has an impact on what Congress does,” he said. “So the political impact can lead to complications that must be considered.”

The National Gay & Lesbian Task Force did not respond to a request for comment by press time.

Although GLAA does not support efforts to push for marriage recognition at the present time, other local activists said they were pleased with Horvath and Neidich’s request for recognition of their marriage.

“At some point you just have to take a stand,” D.C. gay activist Phil Pannell said. “I can understand being careful about the prevailing political climate. But a time comes when you just have to take a stand,” he said. “If you get knocked down, you get up and keep fighting.”

Gay Democratic activist Peter Rosenstein, who has served as an adviser to Williams, said he is sympathetic to GLAA’s concerns about congressional intervention but said he has urged the mayor to recognize same-sex marriages from Massachusetts because existing D.C. law clearly calls for such recognition.

“It can’t be suppressed if it’s legal to do this under D.C. law,” Rosenstein said. “If these two gentlemen file a tax return, you can’t suppress a rule that comes out of that. So I believe the mayor will be forced to make some type of formal decision this year.”

GLAA has argued that the D.C. Council and the mayor have approved a number of recent advances in domestic partnership benefits for same-sex couples in the District. The group has proposed that the city incrementally expand the rights, benefits and obligations for domestic partners until their rights approach those enjoyed by married couples.

Congress,

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