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THE UNREPENTANT LIBERTARIAN on Tuesday, March 03, 2009 9:23:02 AM
The welfare state hands out goodies and gives tax deductions to all kinds of groups, based largely on who the politicians want to cozy up to in order to get re-elected. Part of this voter buying comes in the form of benefits to traditional families, such as income tax deductions for married couples. But this has created a barrier in the way of gay marriage.
Many gay couples want access to economic benefits, which they are barred from by other groups who oppose gay marriage and want to preserve the benefits for traditional families. If these benefits did not exist it would be much easier to defend gay marriage for what it is - and what all marriages are - namely a private contract between consenting adults. In a sense, therefore, the issue of gay marriage illustrates how one government incursion into private citizens' lives (redistribution of income between married couples and singles) creates another incursion (a ban on a private contract between consenting adults).
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.