The federal government will allow same-sex couples to file their taxes jointly, and the state of Indiana won’t.

A vote Tuesday by the state Senate not to adopt updated portions of the federal tax code, including a provision requiring married same-sex couples to file jointly or as married filing separately, doesn’t change the status quo in a state where gay unions are not recognized. But in the wake of debates about a constitutional amendment to condemn gay marriage in Indiana, a decoupling of state tax law from a precedent set by the Internal Revenue Service has brought the rights of gay Hoosiers back to the front burner.

In fall 2013, the U.S. Department of the Treasury and the IRS announced the federal government would recognize same-sex marriages, regardless of whether their state did the same. According to state Sen. Brandt Hershman, R-Buck Creek, the state regularly adopts changes to its tax code to make it more uniform with federal code, but creating a filing status for gay couples would run “afoul” of state law, which does not recognize same-sex marriage.

On the other hand, Democrats see the move as a play by Republicans to score points with social conservatives after failing to move a constitutional ban on gay marriage through the Legislature with the much-talked-about second sentence, which would have invalidated arrangements “similar” to marriage.

“They are looking around to find bones they can throw at their base,” state Rep. Matt Pierce, D-Bloomington, said.

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