Kansas pushes to throw out lawsuit over ban on gay couples filing taxes jointly

TOPEKA, Kan. - The Kansas Department of Revenue is pushing to throw out a lawsuit over gay couples filing taxes jointly.

Two couples brought the suit two years ago.

Since the Supreme Court ruled last month to legalize same-sex marriage, the state says the case is now moot. Kansas filed to dismiss the lawsuit on Wednesday.

Paul Osgood and Jerry Cundiff are a gay couple who have been together for 40 years.  They taught in Kansas and live there today. 

"Civil rights for people goes on, it doesn't stop just because a law was passed," Osgood said. 

"Not all married couples filed jointly," Cundiff said. "Some file separately. But that's their decision. They have the right to make that decision."

Chase Peeples, reverend at Country Club Congregational United Church of Christ in Kansas City agreed. 

"There are plenty of benefits for couples who file as married," he said. "Maybe not every couple wants to, but if you're married in the eyes of the law, you should be eligible for whatever benefits the tax code is willing to give you."

Kansas Attorney General Derek Schmidt's office filed a similar motion in a federal case out of Kansas City on Tuesday.

As of Friday afternoon, a dismissal had not been received although one is expected soon.

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