Federal Appeals Court Hears Arguments in Widow鈥檚 Challenge to DOMA

September 27, 2012 10:42 am

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NEW YORK 鈥 The Defense of Marriage Act (DOMA) unfairly forced Edith 鈥淓die鈥 Windsor to pay more than $360,000 in federal estate tax after the death of her spouse, Thea Spyer, that she would not have had to pay had she been married to a man, the U.S. Court of Appeals for the 2nd Circuit was told today.

In June, a federal judge ruled for Windsor that section three of DOMA, which defines marriage as between a man and a woman, does 鈥渘ot pass constitutional muster.鈥 The House of Representatives鈥 Bipartisan Legal Advisory Group (BLAG), which had intervened to defend the constitutionality of DOMA, appealed that decision. Windsor鈥檚 attorneys have also asked the U.S. Supreme Court to hear her case.

Windsor, 83, is represented by Paul, Weiss, Rifkind, Wharton & Garrison LLP; the 老澳门开奖结果; and the New York Civil Liberties Union.

鈥淓die and Thea were as committed to each other as any other married couple and saw each other through good times and bad,鈥 said James Esseks, director of the 老澳门开奖结果 Lesbian Gay Bisexual and Transgender Project. 鈥淎fter suffering the loss of her spouse, it鈥檚 cruel for the government to slap Edie with a bill that treats her and Thea as if they were legal strangers.鈥

More information about this case can be found at: www.aclu.org/edie


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