FEC approves campaign donations from same-sex couples

Fredreka Schouten | USA TODAY

WASHINGTON – Federal election regulators voted Thursday to treat political contributions from legally married same-sex couples the same way they treat donations from married heterosexual couples – becoming one of the first federal agencies to take action to comply with the Supreme Court's decision on gay rights.

Thursday's action by the Federal Election Commission also allows gay and lesbian candidates for public office to use assets held jointly with their spouses to help fund their political campaigns. Federal rules allow wealthy individuals to spend unlimited amounts of their own money in their congressional and presidential campaigns.

Last month, the high court declared unconstitutional parts of the federal Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman.

Federal rules allow an individual to contribute $5,200 to a candidate for a primary and general election, but a couple can give $10,400, even if only one spouse earns income.

Only a tiny fraction of Americans contribute to candidates, but the Federal Election Commission's move gives lesbian, gay, bisexual, and transgender individuals the opportunity to have a bigger voice in federal campaigns.

"For the purposes of campaign-finance law and limits, everyone counts here," said Donald McGahn, the commission's vice chairman.

The changes were sparked by requests from the Democratic Senatorial Campaign Committee and Dan Winslow, a Republican who unsuccessfully sought a Senate seat in Massachusetts this year. The state is one of 13, along with the District of Columbia, that have legalized same-sex marriage.

Earlier this year, Winslow asked the FEC to change the way it treated campaign contributions from same-sex couples. The commission said in April that DOMAprohibited it from doing so but left open the door to reconsidering its ruling if the court overturned the law.

After the court's ruling, the party committee and Winslow asked the agency to revisit the matter. The FEC voted unanimously Thursday to approve both requests.

Guy Cecil, executive director of the Senate committee, said the action is proof that our "grassroots supporters can achieve victories outside of the ballot box, as well as on Election Day, that make our country a more fair and just place to live."

Across the federal government, agencies are scrambling to comply with the ruling, which affects everything from estate and federal income taxes to medical benefits for spouses of federal employees.

The House Ethics Committee, for instance, updated its rules Thursday to require lawmakers and top staffers in same-sex marriages to disclose their spouses' personal financial information. Lawmakers and their highest-paid aides long have had to disclose spouses' employment income and investments as a safeguard against conflicts of interest.

There are six openly gay or bisexual members of the House of Representatives and one openly gay senator.