Same-Sex Divorce? In Texas? Yes!

This issue will likely make it to the Texas Supreme Court.  A pair of state judges have ruled that state law allows gays and lesbians to end their marriages in Texas. State law bans same-sex marriages, but at least to these two judges, it does not ban same-sex divorce.

John Forsythe Dead, 92

John Forsythe, who played Charlie on Charlie's Angels and Blake Carrington on Dynasty has died at the age of 92. I still remember watching both shows -- and in particular looking on in horror while Blake Carrington murdered his son's lover in a fit of homophobic rage. Yet, the character remained popular!

How Can Grey's Anatomy Get Some Shine Again: Bring Back Preston Burke

Grey's Anatomy is fading. With two of the original interns (George and Izzy) now gone, and one of the best "adult" doctors (Addison) having left a long time ago, the show is losing its steam. 

At its best, Grey's was cutting edge and brave. The writers had chutzpah and pushed daring story lines in order to keep intrigue alive. If Shonda Rhimes brought back Isaiah Washington as Dr. Preston Burke, numerous possibilities for explosive drama would emerge. A love triangle could develop between Preston, Cristina and Owen; a power struggle could develop between Derrick, Preston, and Richard. Also, the show could only improve with the return of a highly talented actor, whom many fans still adore.

Washington was wrong to cause strife on the job with his homophobia. But, he has paid his dues.  The exile can now end.

Besides, ABC-Radio has picked up the Don Imus show, after Imus made bigoted racial and gender comments on-air and lost his job at CBS. ABC airs Grey's Anatomy and forced Rimes to get rid of Washington. Charlie Sheen is pushing CBS for more than $1 million an episode, despite having assaulted his wife and pressing a knife against her neck. Keeping Washington off the air smacks of disparate treatment.

Furthermore, I think it is unseemly to punish artists (and athletes) due to politics alone. I thought the boycott of the Moscow Olympics was ridiculous. I thought that Al Shaprton needed to lay off Imus. I thought that Clear Channel's ban of the Dixie Chicks was sickening. Likewise, keeping Washington off the air is disappointing, and it deprives television viewers of a rare commodity: actual talent.

Biggest Job Bump in Three Years -- But Unemployment Remains the Same

The economy added 162,000 jobs in March -- falling just short of the 190,000 jobs that economists predicted. This is the largest one-month bump in jobs in three years. Nonetheless, the unemployment rate remains the same (9.7%).

48,000 of the new jobs were temporary government positions with the Census Bureau. Nevertheless, the private sector added 123,000 new jobs.

Oops: Army Secretary Will NOT Ignore Don't Ask Don't Tell

Recently, media outlets reported Army Secretary John McHugh's statement that he would not enforce Don't Ask Don't Tell when servicemembers reveal their sexual orientation to him. Now, McHugh has retracted that statement.

McHugh has interviewed servicemembers to get a sense of their views about the policy.  During the course of those interviews, some of the individuals have come out as gay or lesbian. Although the Defense Department has stated that it will no longer apply the policy to people who are outed by third parties, this rule does not cover individuals who come out on their own. Accordingly, McHugh's statement was more liberal than current practice.

Nevertheless, military officials insist that they wants to hear what gays and lesbians think about the policy. Accordingly, the Defense Department might hire a private contractor to interview gay and lesbian servicemembers. I am glad to see our tax dollars working efficiently.

McHugh will not recommend discharge of the individuals who have already come out to him. He says he cannot remember who they are. 

Army Secretary to Ignore Don't Ask Don't Tell

Secretary of the Army John McHugh says he will simply ignore Don't Ask Don't Tell. McHugh says that it is "counterproductive" to pursue discharges of gays and lesbians, while he is simultaneously interviewing servicemembers about the anti-gay policy. Apparently, some gay or lesbian individuals have revealed their sexual orientation to McHugh during the course of his research.  McHugh says he does not want to penalize them for being open and honest. This sounds like a great approach.

McHugh's statement goes farther than the recent move by Secretary of Defense Robert Gates. Gates recently announced that the military would no longer discharge individuals whose gay or lesbian status was revealed by a third party. McHugh, however, will not enforce the policy against individuals who come out on their own.

Is the Health Insurance Mandate Really a "Mandate"?

Several blogs, including Tax Prof Blog, recently analyzed a statement by the Joint Committee on Taxation (a nonpartisan committee that advises Congress on tax matters) which declares that the IRS lacks the power to enforce the individual mandate.  The new healthcare legislation imposes a penalty, presumably collectible by the IRS, upon people who fail to purchase health insurance (and who do not fall into an exempted category).  According to the Joint Committee on Taxation however, the legislation does not give IRS the authority to collect the penalty, even if this is what Congress intended:

The penalty applies to any period the individual does not maintain minimum essential coverage and is determined monthly. The penalty is assessed through the Code and accounted for as an additional amount of Federal tax owed. However, it is not subject to the enforcement provisions of subtitle F of the Code. The use of liens and seizures otherwise authorized for collection of taxes does not apply to the collection of this penalty. Non-compliance with the personal responsibility requirement to have health coverage is not subject to criminal or civil penalties under the Code and interest does not accrue for failure to pay such assessments in a timely manner.

In an updated post on TaxProf Blog, Theodore Seto and Bryan Camp, two tax law professors, have argued that the IRS still has the power to enforce the penalty. They concede that the legislation appears to deny IRS the power to collect the penalty by levying wages. Nevertheless, both professors argue that IRS could still deduct the penalty from any refund to which the taxpayer is entitled. Camp argues additionally that the IRS has the power to place liens on private property and to foreclose those liens in order to collect the penalty.

Although it is just a tiny part of the healthcare reform statute, the mandate has been the source of a lot of political commentary. Also, several states have filed lawsuits contesting the constitutionality of the mandate. Most legal analysts have predicted that those suits will fail.

Note: Thanks to reader Josh for this news tip.