Republimen Don’t Need No Stinkin’ Bars on Discrimination

DiscriminationRus

On Thursday, Rep. Sean Patrick Maloney [D-NY] offered an amendment to the military construction and veterans affairs spending bill that would prohibit discrimination against LGBT individuals in hiring and employment activities. It was very similar to an amendment that was offered last year by Rep. Scott Peters [D-CA] which upheld President Obama’s 2014 executive order banning federal contractors from making hiring decisions that discriminate based on sexual orientation or gender identity. 60 Republicans voted forRep Peters’ bill which was adopted 241-184 [HR2577, Roll Call 326, 6-9-15]. However, Rep. Maloney’s amendment by a single vote, 212-213 [HR 4974, Roll Call 226, 5-19-16], after seven Republicans switched their votes at the last minute.

Rep. Mark Amodei [NV2] and Rep. Cresant Hardy [NV4] voted against passage of BOTH amendments (last year’s and this year’s). It should, therefore, be noted that BOTH are in favor of allowing discrimination to take place.

Although the identities of the seven vote-switchers were not publicly recorded on the House floor, here’s the names of those Reps who switched there votes and deserve your shaming:

  1. Rep. Darrell Issa [R-CA]
  2. Rep. Jeff Denham [R-CA]
  3. Rep. David Valadao [R-CA]
  4. Rep. Mimi Walters [R-CA]
  5. Rep. Greg Walden [R-OR]
  6. Rep. David Young [R-IA]
  7. Rep. Bruce Poliquin [R-ME]

“House Republicans are so committed to discriminating against LGBT Americans, that they broke regular order to force their members to reverse their votes and support Republicans’ bigotry,” Minority Leader Nancy Pelosi [D-CA] said in a statement.

On the other side, Speaker Ryan had this to say: “This is federalism. The states should do this. The federal government shouldn’t stick its nose in this business.” UH … Hello? This had to do with FEDERAL contracts for which States hold NO responsibility for issuance, nor for enforcement.

Here are the names of 30 Republicans who voted for the Peters amendment but against the Maloney amendment:
HR4974-30R

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Legally Married and Legally Fired

— by CAP Action War Room

The Fight For Equal Rights For LGBT Americans Does Not End At Marriage

We’ve been talking a lot about a certain Supreme Court case over the past month, with the Affordable Care Act under attack for a second time. Next up, the Supreme Court will hear another important case in April on whether to legalize marriage for committed same-sex couples throughout the country. While proponents of equality are hopeful for a historic decision to finally ensure marriage equality nationwide, regardless of the outcome, the fight for LGBT equal rights will not end in June. One aspect of that fight is securing basic non-discrimination protections for the LGBT community.

While the fundamental right to marry the one you love has been extended to Americans in over thirty states, we still have a ways to go in enacting meaningful anti-discrimination laws across the country. As the graphic below demonstrates, LGBT Americans are still vulnerable to discrimination in many other ways. And click here to learn more about all the protections that LGBT Americans don’t have.

LGBT-Discrimination

BOTTOM LINE: While the Supreme Court may soon rightly decide that marriage equality is constitutional, the fight for fairness and full equality will not be over this summer. Congress and the States need to act to ensure equal protections for LGBT Americans.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.  Like CAP Action on Facebook and follow us on Twitter.

TAG to present “Transgender 101”

transgender-symbolTransgender is an umbrella term for people whose gender identity differs from what is typically associated with the sex they were assigned at birth. That sometimes arbitrary “assignment” can involve challenges, not just for the individual, but for those with whom they regularly interface. Transgender Allies Group (TAG) President Brock Maylath and Nevada Stonewall Democratic Caucus President Kimi Cole have been scheduled to present “Transgender 101,” a popular talk that explains the basics of what being transgender is … and what it’s not.

“TAG” is a network of allies providing education, resources, counseling, advocacy and support of transgender individuals and families in order to ensure equality, integration, and an exceptional quality of life for all transgender people in Northern Nevada.

Where:
Washoe Democrats Headquarters
1465 Terminal Way
Reno, NV 89502

When:
Tuesday, February 17
Social time begins at 5:30 pm
Presentation begins at 6:00 pm
For more info, contact Kimi Cole:

KimiMCole@gmail.com
info@transgenderalliesgroup.org

If you’re unable to attend this session, check out this posting by GLAAD

HHS announces first guidance implementing Supreme Court’s decision on the Defense of Marriage Act

Today, the Department of Health and Human Services (HHS) issued a memo clarifying that all beneficiaries in private Medicare plans have access to equal coverage when it comes to care in a nursing home where their spouse lives.  This is the first guidance issued by HHS in response to the recent Supreme Court ruling, which held section 3 of the Defense of Marriage Act unconstitutional.

“HHS is working swiftly to implement the Supreme Court’s decision and maximize federal recognition of same-sex spouses in HHS programs,” said HHS Secretary Kathleen Sebelius.  “Today’s announcement is the first of many steps that we will be taking over the coming months to clarify the effects of the Supreme Court’s decision and to ensure that gay and lesbian married couples are treated equally under the law.”

“Today, Medicare is ensuring that all beneficiaries will have equal access to coverage in a nursing home where their spouse lives, regardless of their sexual orientation,” said Centers for Medicare & Medicaid Services (CMS) Administrator Marilyn Tavenner.  “Prior to this, a beneficiary in a same-sex marriage enrolled in a Medicare Advantage plan did not have equal access to such coverage and, as a result, could have faced time away from his or her spouse or higher costs because of the way that marriage was defined for this purpose.”

Under current law, Medicare beneficiaries enrolled in a Medicare Advantage plan are entitled to care in, among certain other skilled nursing facilities (SNFs), the SNF where their spouse resides (assuming that they have met the conditions for SNF coverage in the first place, and the SNF has agreed to the payment amounts and other terms that apply to a plan network SNF).  Seniors with Medicare Advantage previously may have faced the choice of receiving coverage in a nursing home away from their same-sex spouse, or dis-enrolling from the Medicare Advantage plan which would have meant paying more out-of-pocket for care in the same nursing home as their same-sex spouse.

Today’s guidance clarifies that this guarantee of coverage applies equally to all married couples.  The guidance specifically clarifies that this guarantee of coverage applies equally to couples who are in a legally recognized same-sex marriage, regardless of where they live.
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Same-Sex Married Couples Finally Get Some Certainty

Treasury and IRS Announce That All Legal Same-Sex Marriages Will Be Recognized For Federal Tax Purposes; Ruling Provides Certainty, Benefits and Protections Under Federal Tax Law for Same-Sex Married Couples

IR-2013-72, Aug. 29, 2013

WASHINGTON — The U.S. Department of the Treasury and the Internal Revenue Service (IRS) today ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling applies regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage.

The ruling implements federal tax aspects of the June 26 Supreme Court decision invalidating a key provision of the 1996 Defense of Marriage Act.

Under the ruling, same-sex couples will be treated as married for all federal tax purposes, including income and gift and estate taxes. The ruling applies to all federal tax provisions where marriage is a factor, including filing status, claiming personal and dependency exemptions, taking the standard deduction, employee benefits, contributing to an IRA and claiming the earned income tax credit or child tax credit.

Any same-sex marriage legally entered into in one of the 50 states, the District of Columbia, a U.S. territory or a foreign country will be covered by the ruling. However, the ruling does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law.

Legally-married same-sex couples generally must file their 2013 federal income tax return using either the married filing jointly or married filing separately filing status.

Individuals who were in same-sex marriages may, but are not required to, file original or amended returns choosing to be treated as married for federal tax purposes for one or more prior tax years still open under the statute of limitations.

Generally, the statute of limitations for filing a refund claim is three years from the date the return was filed or two years from the date the tax was paid, whichever is later. As a result, refund claims can still be filed for tax years 2010, 2011 and 2012. Some taxpayers may have special circumstances, such as signing an agreement with the IRS to keep the statute of limitations open, that permit them to file refund claims for tax years 2009 and earlier.

Additionally, employees who purchased same-sex spouse health insurance coverage from their employers on an after-tax basis may treat the amounts paid for that coverage as pre-tax and excludable from income.

How to File a Claim for Refund

Taxpayers who wish to file a refund claim for income taxes should use Form 1040X, Amended U.S. Individual Income Tax Return.

Taxpayers who wish to file a refund claim for gift or estate taxes should file Form 843, Claim for Refund and Request for Abatement. For information on filing an amended return, see Tax Topic 308, Amended Returns, available on IRS.gov, or the Instructions to Forms 1040X and 843. Information on where to file your amended returns is available in the instructions to the form.

Future Guidance

Treasury and the IRS intend to issue streamlined procedures for employers who wish to file refund claims for payroll taxes paid on previously-taxed health insurance and fringe benefits provided to same-sex spouses. Treasury and IRS also intend to issue further guidance on cafeteria plans and on how qualified retirement plans and other tax-favored arrangements should treat same-sex spouses for periods before the effective date of this Revenue Ruling.

Other agencies may provide guidance on other federal programs that they administer that are affected by the Code.

Revenue Ruling 2013-17, along with updated Frequently Asked Questions for same-sex couples and updated FAQs for registered domestic partners and individuals in civil unions, are available today on IRS.gov. See also Publication 555, Community Property.

Treasury and the IRS will begin applying the terms of Revenue Ruling 2013-17 on Sept. 16, 2013, but taxpayers who wish to rely on the terms of the Revenue Ruling for earlier periods may choose to do so, as long as the statute of limitations for the earlier period has not expired.