The Agitation Continues: Gay Couple Sues for Federal Tax Status

I imagine by April Barack Obama will be announcing the abolition of the Defense of Marriage Act.

Mary Ritchie, a Massachusetts State Police trooper, has been married for almost five years and has two children. But when she files her federal income tax return, she's not allowed to check the "married filing jointly" box.

That's because Ritchie and her spouse, Kathleen Bush, are a gay couple, and the federal Defense of Marriage Act makes them ineligible to file joint tax returns.

Now Ritchie, Bush and more than a dozen others are suing the federal government, claiming the act discriminates against gay couples and is unconstitutional because it denies them access to federal benefits that other married couples receive, such as pensions and health insurance. Plaintiffs also include Dean Hara, the widower of former U.S. Rep. Gerry Studds, the first openly gay member of the House of Representatives.

In Ritchie's case, she and her spouse say they have paid nearly $15,000 more in taxes than they would have if they had been able to file joint returns.

"It saddens us because we love our country," Ritchie said. "We are taxpayers. We live just like anyone else in our community. We do everything just like every other family, like every other married couple, and we are treated like less than that."

The lawsuit was being filed Tuesday in federal court in Boston by Gay & Lesbian Advocates & Defenders, the anti-discrimination group that brought a successful legal challenge leading to Massachusetts becoming the first state in the nation to legalize gay marriage in 2004.

Only Massachusetts and Connecticut allow gay marriage. Vermont, Connecticut, New Jersey and New Hampshire allow civil unions.

Californians voted in November to overturn a court ruling that allowed gay marriage, but the state still offers domestic partnerships that guarantee the same rights as marriage. Hawaii is considering a bill that will allow same-sex civil unions.

The Defense of Marriage Act, or DOMA, was enacted by Congress in 1996 when it appeared Hawaii would soon legalize same-sex marriage and opponents worried that other states would be forced to recognize such marriages. The new lawsuit challenges only the portion of the law that prevents the federal government from affording Social Security and other benefits to same-sex couples.

President Barack Obama has pledged to work to repeal DOMA and reverse the Department of Defense policy that prevents openly gay people from serving in the military.