Still 'second-class citizens' at the state level

same sex couples doma janet janet emery black

Janet and Janet Emery-Black
Nampa, Idaho
Together for more than 25 years and married since 2008, the Emery-Blacks were overjoyed when they were finally able to file jointly at the federal level for the first time this year. Because their incomes are so different, their refund was boosted significantly.

But that excitement has been somewhat dampened by the fact that Idaho still doesn't recognize same-sex marriage. So they must continue to file separately at the state level -- costing them more in tax preparation fees.

While Idaho's ban on same-sex marriage was ruled unconstitutional by a federal judge in May, that decision has been stayed while the governor files an appeal -- meaning it's on hold and no same-sex couples can get married.

Here's where the Emery-Blacks were a year ago

"We are tremendously disappointed with this -- it makes us still feel like second-class citizens. I am a native Idahoan so I take particular offense at that decision as I feel a sense of ownership in this state, having lived here my whole life," said Janet.

They plan to amend their tax returns from the past three years to qualify for retroactive refunds, but they want to wait to see if Idaho budges on its same-sex marriage policy first so they could amend state and federal returns at the same time.

First published June 24, 2014: 11:23 AM ET

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