News
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

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.
District of Columbia
‘No Kings’ protests set for D.C.
Anti-Trump demonstrations to take place across country on Saturday
As President Donald Trump and his administration escalate rhetoric targeting transgender youth and student athletes, push efforts to restrict voting access for millions of Americans, and pursue foreign policy decisions that critics say bypass congressional authority, organizers across the country are once again mobilizing in protest.
For many LGBTQ advocates, the moment feels especially urgent.
In recent months, activists have pointed to a surge in anti-trans legislation, attacks on gender-affirming care, and efforts to roll back nondiscrimination protections as direct threats to the safety and visibility of queer and trans communities. Organizers say the demonstrations are not just about policy, but about defending the right of LGBTQ people — particularly trans youth and people of color — to live openly and safely.
Thousands of “No Kings” protests are planned nationwide, with multiple demonstrations set to take place in D.C.
One of the primary events, “No Kings Washington,” will be held in Anacostia, an overwhelmingly Black area of D.C. that is often at the center of conversations around racial justice, policing, and access to resources in the nation’s capital.
The protest in Anacostia is focused on what organizers describe as the “power behind the throne,” specifically Stephen Miller, the White House Deputy Chief of Staff for Policy and Homeland Security Advisor. Miller has been closely associated with the administration’s “zero tolerance” immigration policy, including the family separation practice that resulted in thousands of children being separated from their parents at the Southern border.
Activists have also linked immigration enforcement policies to broader concerns about LGBTQ migrants, including queer asylum seekers who often face heightened risks of violence and discrimination both in their home countries and within detention systems.
Anacostia protest details:
Participants are asked to gather starting at 1:30 p.m. on the southeast side of the Frederick Douglass Bridge. The closest Metro station is Anacostia on the Green Line, about an 8-minute walk from the starting point. Organizers strongly encourage attendees to use public transportation, as street parking is limited.
The march will proceed past Fort McNair and conclude near the Waterfront Metro station.
D.C. icon and LGBTQ activist Rayceen Pendarvis is set to speak at the protest around 2 p.m.
Kalorama protest details:
A separate protest will take place earlier in the day in Kalorama, a neighborhood long associated with political power and home to presidents, cabinet officials, and foreign ambassadors. Demonstrators are expected to gather at 10 a.m., with a march running until approximately noon near the intersection of Connecticut Avenue and Kalorama Road.
Arlington/National Mall protest details:
Another group is expected to assemble at Memorial Circle near Arlington National Cemetery at 10 a.m. before crossing the Memorial Bridge into D.C., passing the Lincoln Memorial and continuing on to the Washington Monument. Organizers say the march is intended to defend “American democracy, the rule of law, and a healthy planet.”
Unlike last June — when organizers discouraged large-scale demonstrations in D.C. due Trump’s military/birthday parade — activists are now explicitly calling on people to show up in the nation’s capital and surrounding areas.
The protests also coincide with Transgender Day of Visibility weekend, which includes additional gatherings and celebrations on the National Mall. At the same time, peak bloom for the National Cherry Blossom Festival is expected to draw large crowds to the city. With multiple major events happening simultaneously, officials and organizers anticipate significant congestion, increased traffic, and crowded public transit throughout the weekend.
Organizers are urging participants to plan ahead and come prepared.
“Bring your signs, noisemakers, music, and creative ideas, and gather in joyful, nonviolent protest,” they said. “Children are very welcome.”
For more information, visit nokings.org.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
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