Colorado same-sex tax bill heads to governor’s desk

On Feb. 17, the Colorado House passed legislation that ensures married same-sex couples who file jointly on their federal taxes can also file jointly on their Colorado taxes, despite the state’s ban on same-sex marriage.

The bill passed 37-26 along a largely party line vote in its third and final reading on the House floor. Though the bill was approved without debate, opponents voiced their disapproval during the second reading of the legislation in the House on Feb 14.

“We can’t simply ignore our state constitution,” said state Rep. Frank McNulty (R-Highlands). “We can’t simply ignore the fact it says what it says — that marriage is between one man and one woman. While I know that some would prefer to simply ignore that provision, we can’t.”

The legislation was introduced to the Colorado Senate last Jan. by state Sen. Pat Steadman (D-Denver) who told <Out Front> the bill actually aligns the state tax code with Colorado’s gay marriage ban “by getting rid of the concept of marital status for income tax purposes and instead have everything determined by how you filed your federal return.”

The Colorado Department of Revenue already allows same-sex married couples to file jointly, but Steadman said the legislation is necessary because it removes contradictory language from Colorado’s tax code.

“Members, this is really a simple bill,” said co-sponsor and state Rep. Dominick Moreno (D-Commerce City) when he introduced the bill for its second reading in the House. “A simple bill that follows what we currently practice in our tax code in Colorado, and that is that our Colorado state income taxes follow our federal state income taxes.”

State Rep. and Minority Whip Kevin Priola (R-Henderson) attempted to add an amendment to the bill that would require same-sex couples who were married in another state to file separately in Colorado — even though they may file jointly at the federal level.

McNulty supported Priola’s amendment, arguing that the additional legislation “attempts to harmonize the conflict that now exists because of what the Obama administration has done and what our state constitution says — to harmonize the federal provision and our state constitution.”

“We’re not violating the state’s constitution,” replied co-sponsor to the bill, state Rep. Joann Ginal (D-Fort Collins). “We’re not violating the definition of marriage according to state law because this bill only applies to same-sex couples who have been married in other states that are federally recognized for same-sex marriages.”

Speaker of the House Mark Ferrandino (D-Denver) also spoke out against the Priola amendment, stating it was “building into our tax code more discrimination and allowing the state to say yes, well maybe you’re married in another state, but we’re going to treat you separately.” Ferrandino added, “That is not fair, that is not right.”

The Priola amendment was voted down before the bill was approved. The legislation now heads to Gov. Hickenlooper for his signature.