TULSA - A Tulsa same-sex couple is anxiously awaiting Oklahoma's response to their amended tax filing.
Charles Johnston and Kelly Kirby, married since 2008, filed an amendment to their tax filing last week, just days after the IRS changed their rules for federal filing.
"We want the same civil right as everyone else has. I don't think we want more. We want the same," Johnston said Tuesday.
Right now, they're in a stand-still because state and federal laws contradict each other.
Oklahoma tax law requires state returns to match federal filings. However, the Oklahoma constitution only recognizes a marriage between a man and woman.
"Being able to file a married return isn't going to hurt anyone. It's going to happen and people are going to say what was the big about it" said Johnston.
Johnston and Kirby sent in an amendment for their 2010 return -- it's the farthest they can go back to change their single status to married.
This gives them $154 back from the IRS but forces them to pay more than $200 to the state.
"It really was kind of a wash from an economic standpoint. It was to our disadvantage to do this, but it was important to us emotionally to say we are married," Kirby said.
The couple says the Oklahoma Tax Commissions is looking into the issue. They hope to know the outcome by spring.
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