Friend-of-the-Court Briefs to Be Filed in Support of DOMA Challenge

September 7, 2012 12:20 pm

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New York City, Three States, Members of Congress, NAACP-LDF and Other Groups to File Briefs in Support of Edie Windsor

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NEW YORK 鈥 More than fifteen parties 鈥 including New York City, three states, members of Congress, civil rights groups and religious organizations 鈥 plan to file briefs today in support of Edith 鈥淓die鈥 Windsor鈥檚 constitutional challenge to the Defense of Marriage Act (DOMA).

After the death of her spouse Thea Spyer, Windsor was forced to pay more than $360,000 in estate taxes that she would not have had to pay had she been married to a man instead of a woman. Windsor sued the federal government for failing to recognize her marriage. She is represented by attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP; the 老澳门开奖结果; the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic.

In June, a federal district judge in New York ruled in Windsor鈥檚 favor that section three of DOMA does 鈥渘ot pass constitutional muster.鈥 Today鈥檚 briefs were filed in the U.S. Court of Appeals for the Second Circuit, which will hear arguments in the case on Sept. 27.

鈥淭he number and scope of the parties supporting Edie鈥檚 case illustrate the breadth of the harms that DOMA inflicts on married same-sex couples,鈥 said James Esseks, director of the 老澳门开奖结果 Lesbian Gay Bisexual and Transgender Project. 鈥淚t is time for the courts to bring an end to this discriminatory law once and for all.鈥

Some of the groups filing in support of Windsor include:

  • Local governments including the city of New York; and the states of New York, Connecticut and Vermont;
  • 145 members of the U.S. House of Representatives, spearheaded by House Judiciary Committee members Jerrold Nadler and John Conyers, Jr., along with Barney Frank, Tammy Baldwin, Jared Polis, David N. Cicilline and Democratic leaders Nancy Pelosi, Steny H. Hoyer and James E. Clyburn;
  • The Partnership for New York City, a group of CEOs from New York City鈥檚 leading businesses;
  • The NAACP Legal Defense and Educational Fund;
  • Bar associations, labor unions and civil rights, religious, cultural and LGBT organizations;
  • Social workers and national mental health and medical organizations;
  • Professors of U.S. history, family law, and family and child welfare law

鈥淭hese amicus briefs show both the widespread support for Edie鈥檚 case and the lack of any basis for the constitutionality of DOMA,鈥 said Roberta Kaplan, a partner at Paul, Weiss. 鈥淓die just turned 83, and her health is tenuous. After decades with her late spouse and years of struggle for equal rights, she deserves to see justice within her lifetime.鈥

鈥淣ew York is home to more married same-sex couples than any other state,鈥 said Donna Lieberman, executive director of the New York Civil Liberties Union. 鈥淚t only makes sense that our state and local governments would join the dozens of other groups supporting this case. No committed family should be relegated to second-class status.鈥

Windsor recently petitioned the Supreme Court of the United States to hear her case as well. The Court has yet to announce whether it will hear this case or any other challenge to DOMA.

A full list of parties filing briefs can be found here:

For more information on this case, please visit


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