Cars honked, waved and generally greeted GLBT protestors who had organized a rally and press conference at the main post office as the midnight tax deadline approached last Thursday, April 15. Members of the GLBT community were out rallying to draw attention to the marriage equality debate as San Diegans filing their taxes lined up at post offices in San Diego.

“Part of what is so important about doing this action on Tax Day is to point out that we are second-class citizens but we are paying first-class taxes,” said AJ Davis, director of public policy at The Center and the local organizer of the rally. “In being denied the right to marry, same-sex couples are denied 1,138 federal rights, protections and responsibilities, yet we often pay taxes at a higher rate than couples who enjoy full citizenship and protection under the law.”

Activists in San Diego were just part of the nationwide protest organized by Dontamend.com to point out the inequalities that gay and lesbian couples face in being denied the right to marry. Many gay and lesbian couples are forced to pay thousands more than couples who are legally married, and advocates like Geoffrey Kors of Equality California say that’s against the law.

“Clearly being taxed unequally is a violation of equal protection of the law under the California and federal constitution,” Kors told the Associated Press.

Adding to the confusion over tax issues for GLBT couples is the new domestic partner laws, which will go into effect in California next year. While the law does provide for many of the rights and responsibilities that come along with marriage, the tax benefits are not included, and at this point domestic partners in California cannot file joint tax returns. Individuals who have benefits for their domestic partners are taxed on the income prior to paying for those benefits. For married couples, the cost is taken out before taxes. When a couple has children the difference is greater.

“I think people think we have domestic partner benefits and they think that is the same as marriage, but with a different title,” said Jenny Flynn, a financial planner with the Met Life office located in Mission Valley, who attended the rally. “They have no idea that those benefits are not portable and they don’t offer the significant rights like child custody, community property, unlimited married deduction and medical benefits.”

“Our families are treated differently under the law, when in reality we have many of the same responsibilities, but without any of the legal obligations or benefits,” said DontAmend.com Executive Director Robin Tyler, in a news release. “According to the US Census data, 33 percent of gay male couples and 42 percent of lesbian couples are raising children, compared with 51 percent of straight couples raising children. We all love our children and want to protect them just the same as any family would – yet the government refuses our children and our families the same legal protections and tax advantages provided children of straight couples and that is wrong. Older same-sex couples are denied Social Security survivor’s benefits if one partner dies. The surviving partner is also denied automatic inheritance rights, potentially leaving him or her penniless.”