Posted on 01/22/2005 10:08:17 PM PST by Coleus
Disabled vet claims gay bias in tax bill
NEWARK - A gay, disabled veteran of two wars claims he is being denied a property tax break afforded straight veterans because he owns his home with his longtime partner, not a wife.
Louis Paul Hennefeld and his companion contend they are being treated unfairly by their hometown of Montclair because they received half the tax break that would be granted to a similarly disabled straight man and his wife.
The case, which appears to be the first of its kind in New Jersey, is an example of marriage-based discrimination, according to one gay-rights advocate.
On Friday, state Tax Court Judge Vito L. Bianco questioned lawyers for the couple and for Montclair. Bianco made no immediate ruling and said he would issue a written opinion "as soon as I can."
"It's a complicated issue," he said.
New Jersey law allows disabled veterans to seek exemptions from local property taxes. Hennefeld, who is considered 100 percent disabled, owns a house jointly with Blair William O'Dell. After living together since 1975, they formed a Vermont civil union in 2000 and married on Oct. 22, 2003 in Niagara Falls, Canada. That nation recognizes gay marriage.
The men sought a full tax exemption last January, but received 50 percent off their annual levy of $17,600.
"I thought it was patently unfair," O'Dell, 60, said in a telephone interview. When the Essex County Board of Taxation denied their appeal, they sued.
Hennefeld, 72, was recuperating after a recent hospital stay and unable to comment Friday, O'Dell said He declined to describe his partner's disability, but said it stemmed from his military service. Hennefeld served in the Air Force during the Korean and Vietnam wars and was a staff sergeant when he left the service in the late 1960s, O'Dell said.
Their lawyer, Fernando M. Pinguelo, urged the judge to consider the "plain language" of the tax exemption law, which states that the disabled veteran must own and occupy the house.
"It would be unfair to treat a veteran who served 15 years, in two wars, differently than another veteran in a different domestic partnership," Pinguelo argued.
Since a wedding that took place in Britain would be recognized by Montclair, so should the Canadian marriage of Hennefeld and O'Dell, he contended.
Under questioning from the judge, Montclair Township Attorney Richard Seltzer conceded, "The custom is, when a disabled veteran is married under traditional marriage, they get 100 percent exemption."
That disparity is one of many created because same-sex couples are denied the legal protections and benefits of marriage, said David Buckel, an attorney with Lambda Legal, a group that seeks civil rights for gays.
Looks like the homosexual activists are at it again. They'll probably win as did the Dale case against the Boy Scouts. Right now, there's a case going on in the courts where they will decide if homosexual marriages will be legal or not.
Case: Lewis et. al. v. Harris et. al.
This is wrong, he is NOT married!! the Test for Marriage is the ability for the MARRIED COUPLE to concieve to perpetuate the species. These two cannot meet the requirements of the test.
NO it's not. If they don't like it, let them move to canada where they're really 'married'.
This is more "gay" gobbledygook. Are single vets being discriminated against? Are divorced vets being discriminated against? Are widowed vets being discriminated against?
You should also include unmarried heterosexual couples. A number of companies offer "same sex partner" benefits yet deny them to unmarried heterosexual couples.
I wonder if he antied up additional federal income taxes when the marriage penalty was punishing married heterosexual couples?
You don't see many disabled vets that can afford a home with annual property taxes of 17 grand!
...in MOST states.
"This is wrong, he is NOT married!!"
From my perspective, it shouldn't matter whether a person is married or not. If you own a home you should get a tax break married or not.
If he believes so strongly in his living arrangement, his partner should sell his 50% stake of the house to the disabled vet. Even after real estate transaction feesd and taxes, they'd save money.
Since they are unwilling to take this route, I don't believe these guys are anything more than two guys who didn't want to get married and bought a house together.
If this guy succeeds, every single disabled vet in NJ can get free room and board from single homeowners by claiming to be a 0% owner of the home in a civil union.
Makes sense?
I have not problem with him getting a Tax break like anyone elde, but not at the Married rate, because he is not married!
Tax break OK, but not at the Married Rate!!
"but not at the Married rate, because he is not married!"
That's my point though. I believe that unless the state can demonstrate a clear advantage one way or the other for implementing a law "exclusive to and discriminating against others who are single" the law is in doubt.
It's like the marriage tax penalty in reverse.
"So...will he also be complaining about the "Marriage Penalty" tax as well?"
Bingo!!!
Sure does.
NO it's not. If they don't like it, let them move to canada where they're really 'married'. >>
Great answer. They can embrace socialism while there too.
No, they can go to Canada and embrace Socialism and have a Happy Sodomy day!
"No, they can go to Canada"
I started to say "works for me" but on reflection the reality is they're here and we as a society have to learn a way to deal with it.
While some may rant about how Christians try to foist their opinions on others, they seem to give gays who do likewise a free pass.
While I don't necessarily agree with a dangerous lifestyle, I don't agree with discrimination either.
While some may rant about how Christians try to foist their opinions on others, they seem to give gays who do likewise a free pass.
While I don't necessarily agree with a dangerous lifestyle, I don't agree with discrimination either.
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The choice is yours:
http://www.catholic.org/phpframedirect/out.php?url=http://www.nccbuscc.com/nab/bible/index.htm
22
You shall not lie with a male as with a woman; such a thing is an abomination.
You, however, whether natives or resident aliens, must keep my statutes and decrees forbidding all such abominations
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by which the previous inhabitants defiled the land;
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otherwise the land will vomit you out also for having defiled it, just as it vomited out the nations before you.
29
Everyone who does any of these abominations shall be cut off from among his people.
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Heed my charge, then, not to defile yourselves by observing the abominable customs that have been observed before you. I, the LORD, am your God."
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