In 2011, the IRS defined marriage as a legal union between one man and one woman, essentially forcing legally married same-sex couples to lie on their income tax returns by filing as single. This legal injustice inspired Nadine Smith of Equality Florida to create the Refuse to Lie Campaign, encouraging legally married same-sex couples to take a stand by refusing to deny our spouses.

Years later, and with the recognition of same-sex marriages federally, the Campaign for Southern Equality is continuing this campaign – focusing now on legally-married same-sex couples who live in states that refuse to recognize their marriages.

We were able to connect with Nadine to find out more about this ongoing, powerful campaign.

Equality Federation: What is the Refuse to Lie campaign? What inspired Equality Florida to create the campaign?
Nadine Smith of Equality Florida: The campaign began 4 years ago as my wife and I prepared to get married in Vermont. We made a decision that once married, we would not sign forms that said otherwise. We were prepared to challenge customs forms when returning from out of the country. We had friends who have faced the humiliation of being told to separate in line because they aren't considered family, and we knew the question would be called at tax time. The IRS wouldn't answer our questions about what the penalty was for filing as married. They wouldn't answer questions from reporters from the New York Times and other major media outlets, so we reached out to Tax Expert Pat Cain to give people the information they needed to manage their risk.

We told people they needed to be clear-eyed and level-headed about their decision. It would be like being blindfolded and made to walk a tightrope without knowing if you are 4 inches or 400 feet above the ground. We know some people had been filing as married because they assumed they were supposed to. Others were doing so for the same reasons we were: to challenge the discriminatory system that called on us to deny our families. We got a married couples return every year, and now that is the law. Homeland Security rules changed as well, and we are no longer required to be separated from our spouses when returning via customs.

Now the Campaign for Southern Equality has taken up the Refuse to Lie banner in an effort to shine a light on discriminatory tax laws that instruct married same-sex couples to file their state taxes as single.  The new campaign encourages married couples in non-recognition states to take a stand by attaching items to their state tax returns such as an addendum that clarifies that they are not disavowing their marriage and encouraging the Department of Revenue to reverse their policies.

EF: How did your partnership with Campaign for Southern Equality come about on this?
NS: The Campaign for Southern Equality was inspired by the Refuse to Lie Campaign in 2011. Despite the fact that the IRS has changed its policy to allow same-sex couples to file as married, many couples in non-recognition states are now being instructed to file their state taxes as single. This creates an unfair, confusing, and expensive situation for legally married couples. 

Because of this, the Campaign for Southern Equality approached Equality Florida with the idea to relaunch the Refuse to Lie campaign on a state level. Equality Florida was happy to see the campaign continue and granted CSE permission to use materials and messaging.

EF: Why do you think it's important for couples to take this stand?
NS: Despite the federal overturn of DOMA, many states refuse to recognize same-sex marriages and are instructing couples to lie by filing their state taxes as single. This is a crystal clear example of discrimination in 2014.

When couples take actions like including a copy of their legal marriage license and a letter asking the Department of Revenue to change their laws and policies, they are refusing to silently submit to this discrimination.

This is one more strategy through which real people can take action to resist unjust laws. Whether it's through filing taxes, applying for a marriage license through the WE DO Campaign, writing letters to the editor, etc.-- when real people stand up, anti-LGBT laws will change faster.

EF: What are the best ways for folks to engage with the effort and spread the word?
NS: Whether you are married or single, gay or straight, you can take a stand when you file your state taxes. For more info and to find templates of letters to send with your taxes visit: southernequality.org/refusetolie and watch this YouTube video.

(DISCLAIMER: This information is not intended to be relied upon as tax or legal advice. Please consult an accountant for tax advice or an attorney for legal advice specific to your particular situation.)