Same Sex Marriage Update: Marriage Allowed in New Jersey and IRS to Allow Same Sex Couple to file Joint Returns

Same Sex Marriage Comes to New Jersey

Following the New Jersey Supreme Court’s ruling Friday, today, the first same sex marriages were performed in New Jersey.   No sooner had the first couples exchanged vows, Governor Christie withdrew his legal challenge to gay marriage in New Jersey.

According to, the Governor issued a statement that “the court has now spoken clearly as to their view of the New Jersey constitution and, therefore, same-sex marriage is the law.

New Jersey joins New York and twelve other states in allowing same sex marriage.

IRS to Allow Same Sex Couples to File a Joint Return

The IRS announced that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. In short, same sex couples will be allowed to file a joint federal tax return

The IRS will look to the law of the state in which the couple wed, not where they live to determine marital status.

According to Treasury Secretary Jacob J. Lew,  “This ruling also assures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change."

Unlike the same sex couples living in New York and New Jersey, residents of states that do not recognize same sex marriage may have to file separate state tax returns, though they will be able to file a joint federal return.

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