BOISE -- A state lawmaker contends Idaho's tax collectors risk violating the U.S. Constitution by requiring same-sex couples who are legally married elsewhere to do extra work when filing state income taxes.
Boise Democratic Rep. John Gannon, a lawyer, says litigation in Ohio suggests Idaho's new rules requiring married gay couples to recalculate state taxes as singles after filing joint federal returns could be vulnerable.
Recently, an Ohio federal judge ordered the state to recognize a gay couple's marriage in New York despite Ohio's constitutional ban.
The judge's rationale was Ohio recognizes opposite-sex marriages contracted elsewhere but otherwise illegal in Ohio.
Idaho follows a similar policy, Gannon says, making it potentially discriminatory now to single out gay couples on their taxes returns.
The Idaho Tax Commission contends its new rules are legal.