FEC Rules on Political Donations from Same-Sex Married Couples

Federal Election Commission new advisory opinions update:

 Advisory Opinion 2013-02 on political donations from same-sex couples married under state law has just been released. The opinion request was made by Dan Winslow who is running in the Massachusetts special election for US Senate. Here is what Mr. Winslow’s team asked,

When a candidate’s committee receives contributionsfrom same-sex couples married under state law, may the committee apply 11 C.F.R. 110.1(i) to these contributions?

Basically 11 C.F.R. 110.1(i) says that a spouse with no separate income may make a contribution in his or her own name “through the checking account of the other spouse.” The FEC’s offical respons is a solid “no.”

As discussed below, so long as the relevant provisions of DOMA remain in effect, the Committee may not apply 11 C.F.R. 110.1(i) to contributionsfrom same-sex couples married under state law.

Their thinking is that even though Massachusetts recognizes same-sex marriage, any Act of Congress or ruling by a federal agency defines the word “spouse” as a person of the opposite sex who is a husband or a wife. The FEC is toeing the DOMA, Section 3 line until the Supreme Court makes a ruling.Contributions from same-sex couples with joint checking accounts may be applied to either individual.Note that DOMA was argued at the Supreme Court on March 27, 2013. Here is the official FEC Opinion.