Anthony McCann1 360x1000
4albion
1lafayette
2defense
3paradise
2trap
2falsewitness
1lauber
Maurice B Foley 360x1000
LillianFaderman
storyparadox3
7albion
Gilgamesh 360x1000
1defense
Ruth Bader Ginsburg 360x1000
1trap
Lafayette and Jefferson 360x1000
2albion
Margaret Fuller4 360x1000
Mark V Holmes 360x1000
11albion
1gucci
Thomas Piketty3 360x1000
8albion'
299
Edmund Burke 360x1000
George F Wil...360x1000
12albion
2paradise
2gucci
Adam Gopnik 360x1000
Storyparadox1
11632
1theleasofus
Tad Friend 360x1000
499
6confidencegames
Brendan Beehan 360x1000
3theleastofus
13albion
7confidencegames
Office of Chief Counsel 360x1000
James Gould Cozzens 360x1000
2lookingforthegoodwar
10abion
3defense
Susie King Taylor2 360x1000
2confidencegames
Spottswood William Robinson 360x1000
Margaret Fuller1 360x1000
lifeinmiddlemarch1
14albion
1jesusandjohnwayne
2lafayette
Mary Ann Evans 360x1000
3confidencegames
1transcendentalist
1albion
Thomas Piketty1 360x1000
2transadentilist
storyparadox2
2theleastofus
Margaret Fuller 360x1000
Thomas Piketty2 360x1000
1paradide
Betty Friedan 360x1000
9albion
5confidencegames
Stormy Daniels 360x1000
AlexRosenberg
1lookingforthegoodwar
Maria Popova 360x1000
lifeinmiddlemarch2
5albion
4confidencegames
1falsewitness
Samuel Johnson 360x1000
Margaret Fuller2 360x1000
George M Cohan and Lerarned Hand 360x1000
6albion
Margaret Fuller3 360x1000
1confidencegames
199
1empireofpain
399
1madoff
2jesusandjohnwayne
Anthony McCann2 360x1000
3albion
Richard Posner 360x1000
Susie King Taylor 360x1000
Margaret Fuller5 360x1000
Margaret Fuller 2 360x1000
Learned Hand 360x1000

Originally published on Forbes.com June 27th, 2013

You probably will not have to look very far to find many more comments like this one on Dailykos:

I am so happy for my LGBT friends who now have their marriages recognized by the federal government. I wish I could join you in celebrating.  But I am not able to do that…because of a word. Remember that time?  It’s only a word.  What difference does the name make?  Some of the people on the left said the same thing. Back in 2006 New Jersey’s Supreme Court ruled that same-sex couples were fully entitled to “the rights and privileges of civil marriage.”  But the justices said at the time that they would leave to the “democratic process” what to call those rights

The assumption is that the Windsor decision only applies to same-sex couples who are married, not couples who are in civil unions.  There is, however, at least a hint that this might not be the case.  In 2011, the IRS responded to a letter asking for advice on the filing status of an opposite sex couple that were united in a civil union.  Here is the text:

This responds to your July 14,2011, letter to Commissioner Shulman requesting information on the filing status for Federal income tax purposes of parties to an Illinois civil union who are of opposite sex.

In general, the status of individuals of the opposite sex living in a relationship that the state would treat as husband and wife is, for Federal income tax purposes, that of husband and wife. Section 20 of the Illinois Religious Freedom Protection and Civil Union Act provides that “ party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognizes by the law of Illinois to spouses . .” 750 lll. Comp. Stat. 7Sl20 (2011).

Accordingly, if Illinois treats the parties to an Illinois civil union who are of opposite sex as husband and wife, they are considered “husband and wife” for purposes of Section 6013 of the Internal Revenue Code, and are not precluded from filing jointly, unless prohibited by other exceptions under the Code.

Hopefully, soon, someone, with more patience and knowledge than I, will go through each state statute and make a determination as to whether parties to civil unions, registered domestic partners or whatever else they may be called are spouses for federal income tax purposes.  The answer may differ from state to state. A Revenue Ruling on the subject would be very nice, but is, perhaps, too much to hope for.

You can follow me on twitter @peterreillycpa.