Saturday, October 27, 2012

Good morning, Stew:
I ran across these comments and thought of the property solution of a couple jointly buying a home and avoiding inheritance taxes.

This lady writes << If civil marriage is not authorized in this state, either my partner or I will have to pay federal inheritance tax on the home that we mutually purchased, as well as other tax penalties, because we are not civilly married. If you believe this is just, that imposing your religious views on those who are not members of your church, then explain to me how your church's stand on this issue is different from that of Sharia law, so much feared by the extreme right.>>>

Her comments:

I am a 75 year old gay woman who has been with a partner for 33 years. As we both confront the issues of aging, one item that lurks on the horizon is the Federal Defense of Marriage Act, a clearly unconstitutional law that discriminates against lawfully wedded gays and lesbians. When I say lawfully wedded, I am talking about civil law, not religious law. I am not Roman Catholic, although I do consider myself a member of God's holy catholic church. My state has a gay marriage issue on the ballot, and a good friend who works for the archdiocese has been ordered to work against it, even though it has nothing to do with his area of responsibility. If civil marriage is not authorized in this state, either my partner or I will have to pay federal inheritance tax on the home that we mutually purchased, as well as other tax penalties, because we are not civilly married. If you believe this is just, that imposing your religious views on those who are not members of your church, then explain to me how your church's stand on this issue is different from that of Sharia law, so much feared by the extreme right. I respect your religion and your right to practice it, but I am not asking your clergy to officiate at my wedding, nor do I seek to impose my religious practices on members of your church. Gay marriage as currently construed is a civil matter.

So it appears that after 33 years of "joint ownership" neither partner surviving the other really own the house.  WoW!  Not nice. . not nice at all.  So Yes, what is the difference then in our "law of the land" and "Sharia" ?  Seems, either system, they get you 'coming and going' !

So now what?  ;-)

           Peter and Justin 

  • 5 comments:

    Gary Kelly said...

    She's right. My parents were married in a registry office, but they were married nonetheless. And legally. Marriage is a civil matter.

    JustinO'Shea said...

    BUT in the long run when one of the partners dies the other mutual owner still has to pay inheritance tax whereas str8 couples do not. . . 'cuz same-sex marriages -civil or not - are not recognized by the federal government.

    Coop said...

    I've said for years that there's a difference between getting married in the town clerk's /city hall/ "registry office" and a religious ceremony.Gay people are looking for our marriages to be recognized by the state... government...

    I can not support forcing any religion to bless/recognizing a union.

    That lady is saying she has to pay taxes on the house has inheritance. That's different, I think, than losing it altogether. It's not fair, obviously.
    Where's J at now that there's legal talk?

    Richard said...

    Justin,

    The 2nd Circuit ruled on this very question just recently and found DOMA to be unconstitutional, thereby joining the 1st Circuit in this finding. This will almost certainly go to the Supremes; but there's hope!

    Richard said...

    I forgot to give you the link to the NYT article about that 2nd Circuit opinion.

    http://www.nytimes.com/2012/10/19/us/appeals-court-rules-against-defense-of-marriage-act.html?_r=0