Wednesday, June 3, 2009

Marriage Equality Unequal So Far

I co-worker of mine IMed me the other day, saying: 

Someone who was ragging on the inequality of not allowing gays to marry said someone would have owed $14,500 MORE in taxes if he was not married to his partner. does that seem possible? and also, does the fed not recognize your marriage? do you file in CA as married and single for the fed?

My reply:

The federal gov't doesn't recognize any state's legal same-sex marriages, thanks to the so-called Defense of Marriage Act passed a few years ago; therefore, state-recognized same-sex marriages are not "equal" to man/woman marriages anywhere in the U.S. This is a very rare exception to the federal government's long-standing custom of honoring each state's marriage laws -- that's why, even if it is a "states issue" it's not really be treated that way.

Same-sex married couples (and registered domestic partners) in California must file state taxes as if they were married. To do that, they first file their individual federal taxes (filing status Single), and then they create a shared faux federal 1040 for state purposes, selecting either Married Filing Separately or Married Filing Jointly. They then calculate their Calif state taxes based on that faux return, and submit it with their Calif tax return.

I have heard that there is no longer a "marriage penalty" in Federal and California taxes -- that is, an unmarried couple supposedly doesn't get a better tax deal than a married couple. I have no idea what kind of salary that person makes (the one who would save $14.5K filing as married), but after I created our individual 1040s in TurboTax, I noted that our estimated individual state refunds added up to several hundred dollars more than what we ended up getting with our Married Filing Jointly return...but at this writing I haven't checked yet. 

My co-worker believes that the unmarried partner of the person who complained about the $14.5 differential in taxes would almost certainly qualify as a dependent under IRS rules which we have written training about. Even a person not related to the taxpayer by blood or marriage can, in fact, be a dependent, and that might provide at least some relief. Further, the taxpayer may qualify to file as Head of Household which might also have advantages. In any case, faced with that kind of difference in taxes, he should consult a professional tax preparer. Believe it or not, the official policy of the IRS is to encourage taxpayers to take whatever legal and legitimate approach is necessary to pay the lowest possible tax. 

Gays and Race

The other day a French friend of mine wrote me asking, “Do you think the gay community is excluding black men?” For the record. I had to reply that it's a very complex topic...and perhaps not quite the right question.

It's kind of like asking, "Do you think that Asians are ________?" "Asian" is a deceptively simple category -- it's totally logical to us western white people, many who are routinely identified as "Asian" don't identify with one another, and some are even hostile toward one another for all kinds of ethnic and historical reasons. The "gay community" is KIND OF like that -- it doesn't really exist as an actual thing.

What am I trying to say? Hmmmm. Okay, first off, when you boil it down, all gay men ARE alike: They're men who are sexually and emotionally attracted to other men. But that's where the similarities end, and you can't create a "community" out of that. Gay men are very diverse and divided up into many smaller cliques. On the most basic level, they differ what particular type(s) (if any) they fetishize, e.g., some some guys have a fetish for fatties or femmes or young men 18-22 years old, and some are particularly attracted to Asians who wear Polo shirts and speak with California accents but not Asians who speak with an accent, or to Blacks, or body builders, or whatever. There're also plenty of gay men who are most definitely NOT physically or emotionally attracted to those types.

The only way one can call that a "community" is in the ways those diverse people may band together to either make it easier to connect sexually (e.g., gay clubs, gay websites), and/or to isolate themselves from what they perceive as a hostile "dominant" culture (e.g., the Castro District), and/or to take action against the dominant culture (e.g., the marriage equality movement).

Some black gays feel isolated because they feel a lot of white gays consider them a specialized "taste" and, not feeling particularly attracted to them, ignore their existence. I'm sure that some black gays may feel no particular interest in sexual or emotional relationships with whites. 

I've heard that some black gays say that they feel isolated from their families and churches: Because they value their family/church relationships, they feel they must keep their gayness a secret; in their circles, being gay is "something the white boys do, not the brothers," and if they get out there publicly campaigning, it shames their family and friends. Some white activists don't understand this and complain that the black gays aren't carrying their load, that they have to step up and do more work in their ethnic communities.

I have read criticisms from black gay bloggers that white gay activists take for granted a social-historical connection with the black civil rights movement -- that the whites aren't justified in doing that, or that whites don't really understand what that movement means to blacks; in fact, some blacks (including some gays) feel that this is just one more example of whites co-opting something black (after highjacking musical styles, food, etc.). They sometimes complain that politically-active white gays are pushing too hard, that white activists don't seem to understand -- or take seriously -- the special concerns and needs of black gays. Many blacks gays feel that the fight for what they see as tidy middle-class marriage rights is a lower priority than just achieving economic parity, restoring healthy neighborhoods, and ending police policies of racial profile.
 
So, i guess working through this, I can't answer the question my friend posed, but I kind of think:
1. Gay people align with others who share their interests (sexual, political, economic, racial)
2. Those interests are sometimes in conflict along racial lines
3. This has resulted in a rifts, hurt feelings, misunderstandings, frustration, etc.

I'd be interested in any comments with your thoughts. Maybe I've got a terrific blindspot in my analysis!