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Gays in the USA: Accepted by the IRS, disregarded by the SSA

(Blogmensgo, gay blog of October 30, 2015) On October 26, 2015, no less than 121 members of Congress published a letter asking to end discrimination of same-sex married couples with regards to social security. On the other hand, the IRS no longer asks for legal proof of gay and lesbian marriages.

IRS tax form

IRS tax form. Click to enlarge. ©401(K) 2012 (CC BY-SA 2.0).

Manifesto of the 121 against Social Security

The letter addressed to the Social Security Administration (SSA) and the Secretary of Justice was signed by 83 representatives and 38 senators of Congress. The total number of 121 is a reference to the famous French Manifesto of the 121. The majority of the signatories were democrats, just like the famous French Manifesto of the 121 was dominated by left-wing intellectuals.

The signatories ask the SSA for an explanation of its methods regarding married gay and lesbian couples. Despite the Supreme Court decision of June 26, 2015 legalizing same-sex marriage, the SSA has continued to treat married couples as individuals and now claims reimbursement of any amounts overpaid due to their own mistakes. It seems that Social Security has not updated its forms, procedures and software.

The members of Congress ask the SSA in their letter to inform them of the exact statistics and circumstances of all gay and lesbian couples concerned by this administrative mess by November 18, 2015 the latest.

Most of all, the signatories request the SSA to avoid adding new discriminations: At first, they took a long time to accept married same-sex couples at all, and now they presumably impose very short reimbursement periods or even administrative fines for late reimbursement payments on the poorest couples.

The IRA and gay marriage

The American treasury department announced on October 21, 2015 that, as a result of the Supreme Court ruling of June 26, 2015, the IRS would soon consider all same-sex marriages registered on American territory as legal, no matter when and in which state they were registered.

Until recently, the IRS asked married same-sex couples to show proof that their state of residence considered their union as legal at the date of the wedding.

The new rules say that husband and wife should now be understood as spouses regardless of their sex. Straight and gay couples will now have all the same rights and obligations in all respects where the marital status is a defining element, such as for the taxation of benefits from supplemental health insurances.

Currently, it is not known when these new stipulations will come into effect. In any case, they will not be applied to registered partnerships or civil unions.

Frank-S / MensGo
via Time of October 22, 2015 [IRS] and Huffington Post of October 26, 2015 [SSA]).

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