Tax Reform Undermines Rights for Gay Couples
New bill consolation prize for gay marriage ban
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No matter what Gov. Arnold Schwarzenegger does, I just get the feeling that there’s something else up his sleeve. Whenever his approval ratings drop, he seems to come in with some stroke of supposed decency that endears him to a previously untapped demographic.

Take his latest act of kindness: Schwarzenegger signed SB1827, a tax law that will require that domestic partners file their taxes like married couples. Though on the surface it may look like a coup for gay couples in the fight for equality, it comes on the heels of the decision of the San Francisco Court of Appeals to uphold the ban on same-sex marriage. If the government were willing to accept homosexual couples as mainstream, gay marriage would be legal. It seems like our legislators only want to placate the gay population into being quiet for a little longer.

Some SF State students aren’t convinced the legislation will be a step toward equality. Gary Villalobos, 28, of the Queer Alliance on campus, said he didn’t feel like there were altruistic motives behind the bill.

“It’s like a consolation,” said Villalobos, a liberal studies major. “They’re just offering the impression of being married. Why not just give us the right?”

The San Francisco Chronicle reported some gay couples as being happy about the new legislation, but like Villalobos, I suspect their exuberance is a little premature. After all, according to our government, gay marriage is still out of the question.

The bill would be advantageous for some domestic partners by saving them money on their taxes. Some, however, would end up paying more. For example, couples where one partner files as “head of household” because they have a child would no longer be able to file as such, and would lose money. To add to the confusion, federal tax returns still don’t allow domestic partners to file jointly. On California tax returns, the adjusted gross income is taken from the federal return form, which means same-sex couples will still be excluded from some of the benefits of married couples.

I support gay marriage. If two people love each other, they should be able to celebrate their commitment in any way they choose. To deny anyone personal rights such as marriage is evocative of the oppression of the ‘60s. I do not, however, think this tax reform is the way to equal opportunity. The fine print reveals that our tax system won’t even allow for domestic couples to benefit as they should. It makes their taxes more confusing as they have to navigate the minutiae of federal versus state forms and continues to prevent them from enjoying all the advantages of married couples.

This tax law is deeply flawed and I suspect its intention is to make California’s gay couples think they are on the road to equal rights, when really they are, yet again, being pacified into submission.

Make no mistake: SB1827 is not a marriage license. It makes no guarantee that inequalities between straight and gay couples will be eased anytime soon. Coming a month before the election, I have doubts Arnold is making a real effort to embrace the gay community. This bill still doesn’t afford gay couples all the rights they deserve, and until our government is ready to recognize marriage as a commitment between any two people, watered-down compensation for discrimination should not be accepted.

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