SALT LAKE CITY, Jan 16 (Reuters) - Same-sex couples married in Utah during a brief period when gay marriage was legal in the conservative, heavily Mormon state can jointly file their state taxes, the State Tax Commission said on Thursday.
Utah temporarily became the 18th state to legalize same-sex marriage when a U.S. federal district judge ruled on Dec. 20 that a state ban on gay marriage was unconstitutional. His ruling was put on hold by the U.S. Supreme Court, but not before roughly 1,400 gay couples tied the knot.
To be eligible to file joint state taxes, gay or lesbian couples must have wed before the end of the tax year on Dec. 31, the commission said in a notice that pointed out the U.S. Supreme Court had not issued its stay before that date. Utah is appealing the decision striking down its ban on gay marriage.
"Same-sex couples who are eligible to file a joint federal income tax return and who elect to file jointly may also file a joint 2013 Utah Individual Income Tax return," the notice from the Utah Tax Commission said.
Terri Henry, 47, and Penny Kirby, 51, of Provo, who were married on Dec. 23, welcomed the commission's decision.
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"It's a good day," Henry said. "Finally, our family is going to be financially recognized."
Henry estimated the couple would save several thousand dollars by filing jointly and will be saved the hassle of jointly filing federal returns and two separate state returns.
The decision by the commission also applies to gay and lesbian couples who were married in other U.S. states anytime before Dec. 31, 2013, and who live in Utah, said Charlie Roberts, a spokesman for the commission.
Utah's Republican Governor Gary Herbert said last week that the state would put recognition of gay marriage on hold as it pursues an appeal. Herbert spokesman Marty Carpenter said the tax commission's announcement was consistent with the directive from the governor and attorney general.
"When it comes to filing your taxes jointly, it's based on whatever your marital status was on Dec. 31," Carpenter said.
The four state tax commissioners are appointed by the governor.
President Barack Obama's administration has pledged to recognize same-sex marriages in Utah even though the state will not do so.
On Tuesday, a U.S. district judge in Oklahoma overturned the state's ban on same-sex marriage in the latest in a series of rulings by judges in federal and state courts to find that such exclusions violate the U.S. Constitution. The judge put his decision on hold, pending an appeal of the case in Utah.
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Seventeen U.S. states plus the District of Columbia now recognize same-sex marriage.
(Writing by Alex Dobuzinskis; Editing by Scott Malone, Cynthia Osterman and Eric Walsh)
