Senate votes 'no' to tax benefits for same-sex couples

Although same-sex married couples will this year be treated as married in federal tax filings, they won’t be for state taxes if a provision passed by the Indiana Senate survives.

The Senate voted 41-6 Tuesday to approve new language in a sweeping tax policy bill that would not allow for same-sex couples to file jointly for tax purposes.

This would cause conflict with existing state law banning same-sex marriage, Sen. Brandt Hershman, R-Buck Creek, said.

“There was a substantial change in social policy as a result of federal government action last year with respect to joint filing of same-sex couples,” he said.

“This has no impact on federal tax policy. It has no impact on state tax policy insofar as we are continuing status quo.”

Hershman said bills such as this are common, although they usually deal only with administrative changes and don’t conflict with state laws.

State Sen. Mark Stoops, D-Bloomington, was among the six senators who opposed the bill.

It passed with support from Republicans as well as Democrats.

Because the provision about how same-sex couples file taxes was added by the Senate after the House of Representatives voted, it could be kept or eliminated in conference committee.

Earlier this session, the General Assembly approved House Joint Resolution 3, a constitutional amendment reaffirming the existing same-sex marriage ban.

The language was watered down from what was passed by the 2011 legislature, so it must go through one more legislative session before being presented to voters.

Michael Auslen

An earlier version of this article listed an incorrect hometown for Sen. Brandt Hershman. The IDS regrets this error.