Friday, September 02, 2016

IRS rule: 'Husband and wife' can mean a same-sex couple

The Washington Examiner reports:
The IRS published a new rule Friday that said for tax purposes, it will interpret the term "husband and wife" as any two people who are married to each other, even if they are a same-sex couple.

The IRS rule attempts to clarify marital terms in the wake of two major Supreme Court cases.

One of those cases was Obergefell v Hodges, the 2015 case that said same-sex couples have a right to get married under the 14th Amendment to the Constitution. The other was Windsor v United States, which is the 2013 case that struck down a law that required the federal government to recognize only heterosexual marriages.

In an effort to stay consistent with those rulings, the IRS issued a draft rule late last year proposing that the term "husband and wife" would mean any two people who are married to each other. Over the last several months, the IRS received comments suggesting various changes to ensure that same-sex couples are covered.
It's complete: without an act of Congress the federal government changes the definition of marriage.