Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2017-04-19
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

Supreme Court to hear widow's challenge to DOMA
From a news release
2012-12-07

facebook twitter google +1 reddit email


WASHINGTON — The U.S. Supreme Court today agreed to hear Edith "Edie" Windsor's challenge to the constitutionality of the Defense of Marriage Act (DOMA).

Windsor, 83, was forced to pay more than $363,000 in federal estate taxes after the death of her spouse Thea Spyer, because their marriage was not recognized under federal law. If Spyer had married a man instead of a woman, no estate tax would have been owed.

"When Thea and I met nearly 50 years ago, we never could have dreamed that the story of our life together would be before the Supreme Court as an example of why gay married couples should be treated equally, and not like second-class citizens," said Windsor, who sued the government for a refund after Spyer's death in 2009. "While Thea is no longer alive, I know how proud she would have been to see this day. The truth is, I never expected any less from my country."

Windsor is represented by attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP; the American Civil Liberties Union; the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic.

Windsor, who achieved the highest technical rank as a software programmer at IBM, and Spyer, a clinical psychologist, met in the 1960s and lived together for more than four decades in New York City. They were engaged in 1967, despite there being no foreseeable prospect of them being able to marry at the time. In 1977, Spyer was diagnosed with progressive multiple sclerosis, and Windsor helped her through her long battle with that disease, which eventually resulted in Spyer's paralysis. The couple was finally legally married in 2007.

"The four decades that Edie Windsor spent with her late spouse are a testament to the words 'in sickness and in health, till death do us part,'" said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. "After building their lives together and getting married, it is unfair for the federal government to treat them as though they were legal strangers."

In October, the U.S. Court of Appeals for the Second Circuit, held that Section 3 of DOMA was unconstitutional as applied to Windsor. The court held that laws like DOMA that subject lesbians and gay men to unequal treatment are presumed to be unconstitutional and are legal only if the government can point to an "important interest" that justifies the discrimination. A federal district court had previously held in Windsor's case that DOMA was unconstitutional even under a less rigorous constitutional standard.

"As the two lower courts have now concluded, it was unconstitutional for our client to have to pay a $363,000 tax bill upon her spouse's death simply because she was married to a woman, instead of a man" said Roberta Kaplan of Paul, Weiss.

The Supreme Court also agreed to hear a constitutional challenge to California's Proposition 8, which relates to the right of same-sex couples to marry in the State of California.

"While New York and eight other states now give same-sex couples the freedom to marry, DOMA requires otherwise legally married same-sex couples like Edie and Thea to be treated by the federal government as if they had never married," said New York Civil Liberties Union executive director, Donna Lieberman. "It is time for the Supreme Court to strike down this unconstitutional statute once and for all."

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


facebook twitter google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

Slain French officer was gay activist 2017-04-22 - Xavier Jugele—the 37-year-old police officer murdered in the April 20 Islamic State attack on Paris' Champs-Elysees—was openly gay and an advocate for LGBTQ ...


Gay News

Criminal HIV-transmission charges dropped against suburban man 2017-04-21 - Criminal charges have been dropped against a Wilmette personal trainer who last year was accused of criminal transmission of HIV. Prosecutors for ...


Gay News

'Bending Toward Justice' April 26 2017-04-20 - Bexley Seabury seminary will present "Bending Toward Justice" on Wed., April 26, 2-7 p.m., at St. James Commons, 65 E. Huron St. ...


Gay News

Senators call for action on Chechen human rights violations against LGBTIs 2017-04-19 - Boston ( April 19, 2017 ) — Senators Edward J. Markey ( D-Mass. ) and Todd Young ( R-Ind. ) today led a ...


Gay News

Madigan, 16 attorneys general file amicus brief in International Refugee case 2017-04-19 - Chicago — Attorney General Lisa Madigan today joined with 16 other state attorneys general in continuing to challenge the unconstitutional federal travel ban ...


Gay News

Personal PAC CEO decries Rauner HB 40 reversal 2017-04-19 - Terry Cosgrove, CEO of Personal PAC, on April 19, publicly released the candidate's questionnaire then-gubernatorial candidate Bruce Rauner filled out in 2014 that ...


Gay News

Municipal ID ordinance passes Chicago City Council 44-4 2017-04-19 - The Chicago City Council, on April 19, passed a measure allowing for the introduction of municipal identification cards. The measure, which was officially ...


Gay News

Alabama Senate passes anti-LGBTQ bill; HRC Alabama calls Gov. Ivey to reject 2017-04-19 - Montgomery, Ala. — Today, the Human Rights Campaign ( HRC ) denounced the Alabama State Senate and Senate President Pro Tem Del Marsh ...


Gay News

Trailblazing judge found dead in N.Y. 2017-04-19 - Judge Sheila Abdus-Salaam—the first African-American woman to serve on New York state's highest court—was found dead April 12 in the Hudson River. She ...


Gay News

Howard Brown hosts transgender-focused 'A Call to Action' 2017-04-19 - With eight reported deaths of transgender women of color throughout the country so far in 2017—including 24-year-old Keke Collier of Englewood in February—Howard ...


 



Copyright © 2017 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor
Sponsor


 


Sponsor

Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.