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Sen. Warren’s new bill could give gay couples refund on back taxes

Refund Equality Act allows for reconsideration of marriages prior to DOMA ruling

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blood ban, gay news, Washington Blade
blood ban, gay news, Washington Blade

Sen. Elizabeth Warren (D-has introduced legislation that could gay couples a refund on back taxes.
(Washington Blade photo by Damien Salas)

A new bill led by Sen. Elizabeth Warren (D-Mass.) in the U.S. Senate would make gay couples potentially eligible for a refund on their back taxes if they married more than three years before the U.S. Supreme Court struck down the anti-gay Defense of Marriage Act.

The legislation, called the Refund Equality Act, would same-sex couples married in places like Massachusetts, which had marriage equality before the Supreme Court decision in the Obergefell case, could file amended tax returns back to the date of their marriage.

“For nearly a decade, legally married same-sex couples had to file their taxes as single persons, often paying more taxes than they would owe if they could file as married,” Warren said in a statement. “This bill is a simple fix to allow same-sex couples to claim the tax refunds they earned but were denied because of who they love.”

After the Supreme Court ruled against DOMA in 2013, then-President Obama directed his administration to extend federal spousal benefits to same-sex couples to the furthest extent possible under the law. Former Treasury Secretary Jack Lew allowed married same-sex couples throughout the country — even those in states at the time without marriage equality — to file taxes jointly for the first time.

Additionally, same-sex couples could file an amended return if they feel they would’ve receive a refund in one or more prior tax years for up to three years in the past: 2010, 2011, and 2012. Under some circumstances, such as signing an agreement with the Internal Revenue Service to keep the statute of limitations open, these couple might have been able to seek a refund from an earlier time.

The Refund Equality Act would extend the window period for a refund further back in time. Same-sex couples could file a joint return to seek a refund dating to the time of their marriage, which in Massachusetts could be as early as 2004.

Same-sex couples who wed in jurisdictions with marriage equality more than three years before the DOMA decision — Massachusetts, Connecticut, California, Iowa, New Hampshire, Vermont, and D.C. — could be eligible for a refund under the Refund Equality Act.

According to Warren’s office, an estimated $67 million in refunds could be available to married same-sex couples if the legislation becomes law.

It’s possible that under some circumstances, same-sex couples would have had to pay more in taxes if DOMA weren’t in place as a result of filing as married as opposed to single. Low and high-income couples can incur hefty marriage penalties — often when both spouses have similar incomes. It seems unlikely those couples would be eligible for a refund under the Refund Equality Act.

In the Senate, the legislation is co-sponsored by 30 senators — all Democrats. Among them are Senate Minority Leader Chuck Schumer (D-N.Y.), lesbian Sen. Tammy Baldwin (D-Wis.), Sen. Bernie Sanders (I-Vt.), Sen. Tim Kaine (D-Va.) and Sen. Kamala Harris (D-Calif.).

Rep. Richard Neal (D-Mass.) leads the legislation in the U.S. House, where 39 other lawmakers have co-sponsored the bill.

“All legally married couples in this country deserve to be treated equally,” Neal said in a statement. “This bill would codify into law an important correction that would enable same-sex married couples to go back and claim the tax refunds and credits for which they qualify. The Supreme Court has ruled as such, and now it’s time for Congress to act and make sure all Americans are treated with the fairness and equality they deserve under the law.”

Read a fact sheet on the Refund Equality Act here.

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District of Columbia

Second trans member announces plans to resign from Capital Pride board

Zion Peters cites ‘lack of interest in the Black trans community’

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Zion Peters, a member of the Capital Pride Alliance Board of Directors who identifies as transgender, told the Washington Blade he plans to resign from the board “due to the lack of interest in the trans community, specifically the Black trans community.”

Peters continued, “Nobody has checked on me in the last two months so that shows their level of unprofessionalism towards their board members and the community as a whole.”

If he resigns, Peters would be the second known trans person to resign from the Capital Pride board since February, when longtime trans activist Taylor Lianne Chandler informed the board of her resignation in a detailed letter that was sent to the Blade by an anonymous source.

Chandler, who served as chair of the Capital Pride Transgender, Gender Non-Conforming, and Intersex Committee, stated in her Feb. 24 letter that she resigned from the board out of frustration that the board had failed to address instances of “sexual misconduct” within the Capital Pride organization. The organization’s and the board’s transgender-related policies were not cited in her letter as a reason for her resignation.

The Blade learned of Peters’s plans to resign from an anonymous source who thought Peters had already resigned along with four other board members identified by the anonymous source. The others, who Capital Pride confirmed this week had resigned, include Anthony Musa, Bob Gilchrist, Kaniya Walker, and Dai Nguyen.

Musa and Gilchrist told the Blade they resigned for personal reasons related to their jobs and that they fully support Capital Pride’s work as an organization that coordinates the city’s annual LGBTQ Pride events.  

The Blade has been unable to reach Walker and Nguyen to determine their reasons for resigning.

Capital Pride CEO Ryan Bos and Board Chair Anna Jinkerson didn’t respond to a Blade question asking if they knew why Walker or Nguyen resigned.

In response to a request by the Blade for comment on the resignations and the concern raised by Zion Peters about trans-related issues, Bos and Jinkerson sent separate statements elaborating on the organization and the board’s position on various issues.

“We can confirm that the individuals you referenced, except for Zion, no longer serve on the Capital Pride Alliance Board of Directors,” Jinkerson said in her statement.

She added that following the WorldPride festival hosted by D.C. last May and June that was organized by Capital Pride Alliance, the group anticipated a “significant level of board transition,” with many board members reaching the end of their terms. But she said many board members chose to extend their service or apply for an additional term, showing a “powerful reflection of commitment.”

Without commenting on the specific reasons for the resignations of Peterson, Walker, and Nygun, Jinkerson noted, “As with all volunteer leadership roles, transitions occur for a range of personal and professional reasons, and we appreciate those transitions with both understanding and gratitude.”

In his own statement, Bos addressed Capital Pride’s record on transgender issues. 

“The Capital Pride Alliance is committed to supporting and uplifting the Trans community through our work with the Trans Coalition under the Diversity of Prides Initiative, our partnership with Earline Budd on the LGBTQ+ Burial Fund with a focus on our Trans siblings, our collaboration with the National Trans Visibility March, and our ongoing investment in programming for Transgender Day of Visibility and Transgender Day of Remembrance,” Bos said in his statement.  

 “We also recognize there is always continued work to be done, and we always welcome feedback from our community to ensure our commitment remains unwavering,” he said.

At the time of her resignation in February, Chandler said she could not provide specific details of the instances of sexual misconduct to which she referred in her resignation letter, or who allegedly engaged in sexual misconduct, saying she and all other board members had signed a Non-Disclosure Agreement preventing them from disclosing further details.

Board Chair Jinkerson in a statement released at that time said she and the board were aware of Chandler’s concerns but did not specifically address allegations of sexual misconduct.

“When concerns are brought to CPA, we act quickly and appropriately to address them,” she said. “As we continue to grow as an organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we  provide to our team and partners,” she said. 

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State Department

State Department implements anti-trans bathroom policy

Memo notes directive corresponds with White House executive order

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(Photo courtesy of the Library of Congress)

The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.

The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”

The State Department has not responded to the Washington Blade’s request for comment on the directive.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”

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National

I’m telling the scared little girl I once was it’s okay to feel free

This week is Lesbian Visibility Week

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(Design by Soph Holland)

Uncloseted Media published this article on April 23.

By SOPHIE HOLLAND | At 13 years old, I remember looking in the mirror in my Toronto bathroom and thinking, “Yeah, I’m a lesbian.” At the time, I thought it was a dirty word. Thinking back, it could be because the first time I heard it was when a family member said, “I don’t know what a lesbian is, they are like aliens.”

And although I walked around in camouflage Crocs with a rainbow My Little Pony charm, plaid knee-length shorts and a shark tooth necklace (yes, these are all, in my opinion, stereotypically lesbian apparel!), I didn’t feel like I fit the mold. The longer I thought about it, the worse I felt, so I buried my feelings deep inside.

Now I am 25, and I have been out since I was 22. Three years ago, I never could have imagined that I’d be working for a queer news publication and celebrating Lesbian Visibility Week, an annual event meant to honor and uplift lesbian perspectives and highlight the hardships our community faces. To me, LVW is so important because, frankly, it has been an absolute shit show getting here, to a place where I feel love and joy most days.

I think back to the frustration of constantly being asked, “Do you have a boyfriend?” Of watching princess movies and seeing a broken girl only find herself when her prince charming arrives. I remember listening to music that was always about heterosexual relationships. I remember feeling left out in high school when, one by one, my friends got boyfriends.

I tried the boyfriend, and I tried really hard for it to work at a large detriment to my wellbeing. I brainwashed myself into thinking I was probably bisexual, which I told my closest friends around 16 and unsuccessfully told my parents at the same age. I was probably subconsciously using this as a litmus test of their acceptance and to soothe the anxiety I felt around my sexuality.

Learning to love who I am did not only come from me unraveling my internalized lesbophobia and dissecting the oppressive societal messages of heteronormativity. It came from meeting an awesome community of lesbians and queers. I found people who understood my worldview and who showed me the ropes. I no longer had to stutter over concepts like lesbian loneliness or my frustration with misogynistic straight men.

They all just got it.

Without this community, I am not sure if I could be as warm and confident in myself as I am today.

And while I still experience homophobia, like being spat on while walking with an ex in downtown Toronto or having a stranger yell in my face “Are you fucking lesbians?” in Kensington Market, the joy and love still outweighs the nasty.

So, as the sentimental dyke that I have become, I decided to ask a set of lesbians in my orbit — including my friends as well as Uncloseted staffers, board members and followers — if they would share a little bit about what makes them love being a lesbian. And now, I can share it with all of you. Here they are. Happy LVW!

Timi Sotire

Falling in love with her was a reset. I felt like a kid again, hopeful about the future. We’ve had to overcome many obstacles to be together, but I’d choose her in every lifetime. I was sick with a long-term health condition when we met, and hanging out with Sophia really helped me with my recovery after my surgery.

Bella Sayegh

Being a lesbian is one of the most beautiful things in the world. To be authentically yourself in resistance and joy is so special within the lesbian community.

Parker Wales

When I met Liv, I finally understood why almost every song is about love.

Gillian Kilgour

There is no connection quite as perfect as between lesbians, no one sees me like my lesbians do.

Chyna Price

There’s many things I love about being a lesbian. But here are my top three:

  1. There’s just a deeper understanding when it comes to being loved by another woman.
  2. The next one would be the sense of community, especially being a POC masculine-presenting lesbian. I don’t feel like I’m cosplaying as someone else like I felt like I was doing before I came out.
  3. There’s so much history going back to the 1800s on how we found and fought for our love. That fight makes me proud because it shows me … that we’ve [found] ways to express our love even when it was misunderstood, illegal and deemed as madness.

Hope Pisoni

Before I knew I was a lesbian, romantic relationships seemed suffocating — it felt like everyone would expect me to act my part in the meticulous performance that is heterosexuality. But meeting my spouse and discovering our identities together showed me just how freeing it could be to love without a script to follow.

Leital Molad

It was the joy of watching the New York Sirens defeat the Toronto Sceptres at our first professional women’s hockey game — surrounded by hundreds (maybe thousands?) of cheering lesbians.

Angela Earl

I spent years building a life that looked right. But I never felt settled, and eventually I started asking what would actually make me happy. Coming out was about more than who I love, it was letting go of everything I was told to be. The last few years have felt like coming home to a life that had been waiting for me.

Tali Bray

What I love about being a lesbian is what I love about being in love … the wonder and joy of “oh, this is what it’s supposed to feel like.” I love moving through the world with women.

Izzy Stokes

I didn’t fall in love until I realized that queerness was an option. My queer friends have helped me see so much more than I grew up seeing. I’m so proud of us, and I’m so grateful for my lesbian community.

Nandika Chatterjee

When I met my fiancée is when I started to feel most like myself. That meant loving myself for who I am and embracing my identity as a lesbian. I felt free in a way I have never before. That’s the long and short of it.

Liz Lucking

The love and joy of being a lesbian is getting to live the life I dreamed of but never thought I would get to have!

Reflections

As I read these beautiful entries, it’s not lost on me that we’re still living in a world where lesbians are more likely to struggle with maternity problemsfetishization, and compulsory heterosexuality — not to mention the intersectional pressures of racism from both inside and outside the queer community. That’s part of why, according to a 2024 survey, 22 percent of LGBTQ women have attempted suicide, and 66 percent have sought treatment for trauma.

So if you are a lesbian who isn’t out or doesn’t feel safe, I hope you read this and can glean some hope from these messages. So when you look in the mirror, you know that it’s okay to release the weight — which can feel so heavy — of a heteronormative world.

We still have a long fight until all lesbians can feel safe to be themselves, but this is a community that does not back away from the tough, from the joy, from being loud and from all the other things that it takes to start a small revolution.

Hell yeah, lesbians! Here’s to you.

*I am signing off with my cat on my lap and a pride flag over my head <3.

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