By Ali Carey, Contributing Writer

PA Rep. Babette Josephs, who represents the largest gay community in Pennsylvania, has proposed bill that would add domestic partners to the list of relatives that are currently exempt from paying state inheritance taxes.

“Currently, anyone in a committed, but unmarried relationship whether it is with a person of the opposite sex or same sex, is subject to a 15 percent inheritance tax on property bequeathed by his or her partner upon death,” Josephs said.

The bill would define a domestic partnership as a relationship between two people who agree to mutual interdependence and take responsibility for the maintenance and support of the other but are not defined by marriage or civil union.

According to Josephs, “That inheritance tax could be as much as tens of thousands of dollars for the individual. That only adds to the overall strain facing the surviving partner when that financial burden is added to the already existing emotional trauma caused by the loved one’s passing.”

In order for couples to prove a domestic partnership and be eligible for an inheritance tax exemption, the surviving domestic partner would need to provide a signed partnership affidavit and documents proving joint financial or residency arrangements.

Josephs argues that the current legislation on the books simply is not fair.

“I know so many people who have worked all their lives, men and women to have some kind of descent inheritance to leave their loved ones and then it’s all eaten up by inheritance taxes and it’s just not fair.”

Regarding the recent Franklin & Marshall College Poll indicating that exactly 50 percent of Pennsylvanians either strongly or somewhat support a constitutional amendment to allow same-sex marriage, a whopping 42 percent increase since 2009, Josephs admitted that polls are not always the best barometers for political issues.

“We don’t govern by polls. I’m only slightly ahead of the curve.  The curve is moving very fast.  I’m 71 years old, I expect to be overtaken by that curve before I’m through and I’m expecting that this will pass everywhere but it’s just a matter of how much injustice is being done until it passes and pushing it forward so that people don’t have to suffer.”

Josephs also supports a Non-Discrimination bill which was authored by Representative Dan Frankel and a council of 300.

“It’s all a package really, which makes people first class citizens instead of an underclass.  If people had a right to marry which is a family right which is only just and fair, it would help our state economically and it would help neighborhoods too.”

Josephs reported that he feedback has been very positive from the LBGT community and from liberals in Harrisburg.  However, she said the proposal has been met with “a deadening silence,” from Republicans.

“The Republicans who run everything in Harrisburg, in the House, the people who are driving the bus are the extreme right wing of the Republican party. What they’re working on is a constitutional sentence to make same sex marriage impossible.  They want to put in the constitution a prohibition.”

It’s an issue she’s doing well to watch closely.

Josephs already has an opponent in next year’s primary for he Center City-based 182nd district. Brian Sims, a lawyer and LGBT-rights activist, has announced his intent to challenge her. Sims is also Josephs’ former campaign treasurer.

It’s getting to be a trend for Josephs, who last year fended off a primary challenge from Gregg Kravitz. She earned national attention when she accused Kravitz of pretending to be bisexual in order to court the gay vote.

Josephs was endorsed by the Liberty City Democratic Club, Philadelphia’s top LGBT political organization. She won with 60.7 percent of the vote.