Legislature Corrects Loophole That Almost Allowed Gay Marriage
by Sammy Edmonds
posted Mar 11 2014 3:25PM
After a fierce battle this year over the issue of gay marriage, the Indiana General Assembly almost legalized it by accident.
Each year, the Legislature passes a routine bill lining up Indiana‘s tax code with changes made by the I-R-S, except for a handful that are specifically excluded. This year, the I-R-S announced it will treat same-sex couples as married, whether their home states recognize gay marriage or not.
The Senate amended the bill on Monday to continue the status quo, with married couples treated as single. Senate Tax and Fiscal Policy Chairman Brandt Hershman said same-sex marriage remains invalid under state law, although legislators delayed a decision on adding that ban to the state constitution. He says that issue will be fought out on its own merits, but in the meantime, he says the tax code needs to reflect Indiana law.