Windy City Media Group Frontpage News Home
CELEBRATING 28+ YEARS OF Lesbian Gay Bisexual and Transgender NEWS

Search Gay News Articles
Advanced Search
Gay News Sponsor Windy City Times 2014-07-23
Download Issue
  News Index       Archives   About WCMG    Publications    Bars & Clubs     Calendar   Videos   Advertisers    OUT! Guide    Classifieds   AIDS @ 32
 Local | National | World | Politics | Obits | Profiles | Views | Entertainment | Theater | Dance | Music | Film | Art | Books | TV/Gossip
 Travel | History | Marriage | Youth | Trans | Lesbian | Celebrations | Food | Nightlife | Sports | Health | Real Estate | Autos | Pets | Crime

Chicago native takes over as president of CMSA Chicago native takes over as president of CMSA
Michael Erwin, a Chicago native who has participated in gay sports since ...

Browse Gay News Index   Browse Gay News Archives
  Windy City Times

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

facebook twitter del.icio.us stumble upon digg 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 del.icio.us stumble upon digg 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.

Lambda Legal to 7th Circuit: Grant marriage for all Hoosiers 2014-07-29
Knight and Bailey wed 2014-07-28
4th Circuit Court of Appeals strikes down Virginia ban 2014-07-27
Miami court rules in favor of marriage equality in Florida 2014-07-24
Colorado marriage ban overturned by Federal Court 2014-07-23
USDA makes pro-LGBT changes 2014-07-23
CLC observing Civil Rights Act on July 31 2014-07-23
Journalist Vargas detained; Lambda Legal's call 2014-07-22
President's remarks at signing executive order banning bias 2014-07-21
Exec order bans fed employee, contractor anti-gay bias 2014-07-21
Supreme Court grants stay in Utah marriage case 2014-07-18
Obama executive order to protect 34 million fed employees 2014-07-18
10th Circuit affirms marriage equality for Oklahomans 2014-07-18
Florida state court rules marriage ban unconstitutional 2014-07-17
Bipartisan International Human Rights Act in the House 2014-07-16
NCLR applauds USDA trans non-bias rule 2014-07-16
Conflict Center to mediate for Ryan White grievances 2014-07-16
Howard Brown takes part in gay blood drive 2014-07-14
Marriage advocate Jordan needs kidney donor 2014-07-14
UN identifies Malawi Human Rights violations based on orientation 2014-07-10
Ind. governor won't recognize marriage equality 2014-07-09
Colorado marriage ban struck down in state court 2014-07-09
'40 Best LGBT Lawyers' list includes Chicagoan 2014-07-09
LGBTs push to expand civil rights 2014-07-09
High profile expansion for Rony Tennenbaum Jewelry 2014-07-09
Tim Cook at Pride Parade; LGBT groups won't back ENDA 2014-07-08
Seattle double homicide may be related to online hook-up 2014-07-08
Immigration activists turn to LGBT marriage work for ideas 2014-07-05
Ald. Deb Mell announces marriage ending on Twitter 2014-07-03
Film highlights Birth Certificate Access Law 2014-07-03
50th anniversary of 1964 Civil Rights Act in July 2014-07-02
Married same-sex couples to receive FMLA benefits 2014-07-02
CLLAW at Logan Square on July 25 2014-07-02
Republican backs marriage; rulings in CO, UT, KY 2014-07-01
Kentucky marriage ban struck down by federal judge 2014-07-01
Law professor's book focuses on gay parents, child welfare 2014-07-01
Fed Appeals Court grants stay, protects an Indiana marriage 2014-07-01
Supreme Court rules: Companies can cite religion to discriminate 2014-06-30
Lambda Legal files emergency motion in Indiana 2014-06-30
Holy Trinity hosts gay marriage event 2014-06-27





Copyright © 2014 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.

 

 

 



 

John D'Emilio: Renowned professor, historian retires
 
TransPride beach party draws more than 400
 
PrEP effective with few doses a week; no new dosing strategies
 
'An Evening of Magic' to benefit AFC
 
Meiling Jin on growing up in China, celebrity, LGBT journalism
 
Windy City Times Current DownloadNightspots Current DownloadQueercast Current Download
Windy City Media Group BlogsJoin Our Email List!Donate Now



  News Index       Archives   About WCMG    Publications    Bars & Clubs     Calendar   Videos   Advertisers    OUT! Guide    Classifieds   AIDS @ 32
 Local | National | World | Politics | Obits | Profiles | Views | Entertainment | Theater | Dance | Music | Film | Art | Books | TV/Gossip
 Travel | History | Marriage | Youth | Trans | Lesbian | Celebrations | Food | Nightlife | Sports | Health | Real Estate | Autos | Pets | Crime



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      News Videos      Nightspots Videos      Entertainment Videos      Queercast Videos      Comedy Videos     
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.