Edith "Edie" Windsor, who, in 2007, married the
late Thea Spyer in Canada, recently sued the federal government, challenging
the payment of more than $350,000 in federal taxes on Spyer's estate - fees
that heterosexual widows are generally exempt from. The lawsuit challenges the Defense
of Marriage Act's (DOMA) constitutionality, which defines marriage for all
federal purposes as a legal union between one man and one woman as husband and
wife. The estate tax marital deduction, which is available when the surviving
spouse is of the opposite sex, was unavailable to Windsor, who is seeking to
have DOMA declared unconstitutional and to obtain a tax refund.
More information can be found at ACLU.org: Video: Edie Windsor and ACLU Challenge Defense of Marriage Act
and Bereaved Spouse Challenges "Defense Of Marriage Act"
Lexis.com subscribers can view Briefs and Filings for Noteworthy Cases, including:
Recent postings of interest:
Heinle and La Vita on Gill v. Office of Personnel Management:
the downfall of DOMA?
v. Schwarzenegger Resurrects Right of Marriage for Same-Sex Couples
Does "Gross Up" Pay for Taxes on Benefits to Gay
& Lesbian Employees Violate State Anti-Discrimination Laws?
Settlement reached in lawsuit filed after county separated
elderly, gay couple
OPM, CHCOC, & FLTCIP Address Extension of Long Term Care
Benefits to Same-Sex Domestic Partners of Federal Employees
Texas court denies jurisdiction in same-sex divorce case
involving couple married in Massachusetts and rejects same-sex marriage/equal
protection arguments: In re J.B. (Aug. 31, 2010)
. . . .
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