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Pennsylvania Urges Judge to Dismiss Death Tax Lawsuit Brought by Lesbian Widow

Barbara-Baus-and-Cathy-Burgi-Rios-322x216Pennsylvania is asking a county judge to dismiss an inheritance tax lawsuit brought against the state by a lesbian widow.

Last October, Barbara Baus sued the commonwealth after receiving an inheritance tax bill for nearly $11,000 following her wife’s death from leukemia.  Baus and Burgi-Rio were married in Connecticut in 2011.

According to Pennsylvania law, spouses are not subject to inheritance tax.  However, the state does not recognize their marriage, and Baus was charged a 15 percent inheritance tax.

Baus argues the state is violating the U.S. Constitution by recognizing some marriages and not others.

During oral arguments on Tuesday, the attorney  representing the state of Pennsylvania, Thomas Gohsler , asked the judge to dismiss the case. He said that at its core, the case is not about constitutional rights or gay marriage and belongs before a review board, not a judge.

The judge indicated that he may not make a decision until he sees how Pennsylvania’s other pending marriage equality lawsuits are resolved.

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