Spyer died in 2009, leaving her entire estate to Windsor. Because their marriage was recognized by the state of New York, Windsor sought to claim the federal estate tax exemption for surviving spouses.
She was barred from doing so by Section 3 of DOMA, which provided that the term "spouse" only applies to a marriage between a man and woman. In effect, the Internal Revenue Service found that the exemption did not apply to same-sex marriages, denied Windsor's claim, and compelled her to pay $363,053 in estate taxes.
On November 9, 2010, a lawsuit was filed against the federal government in the United States District Court for the Southern District of New York, where Windsor sought a refund because DOMA singled out legally married same-sex couples for "differential treatment compared to other similarly situated couples without justification".
On June 26, 2013, the Court issued a 5–4 decision which found Section 3 of DOMA to be unconstitutional "as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment"
Edie Windsor covers InterPride's official magazine.
1 comment:
GOOD for her
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