26 июн 2013 г. - U.S. v. Windsor (2013)

Описание:

A lesbian couple, Edith Windsor and Thea Spyer, were legally married in Canada in 2007 and lived in New York where their marriage was recognized under state law. Spyer passed away in 2009 and Windsor was denied a federal estate tax exemption because the Defense of Marriage Act (DOMA) defined marriage as only between a man and a woman. Windsor sued, claiming DOMA's third section definition of marriage violated her 5th Amendment rights to equal protection under the law.

The Supreme Court ruled in favor of Windsor 5-4 and declared the third section of DOMA to be unconstitutional. DOMA was labeled as government overreach into state affairs, as New York state recognized Windsor's marriage but the federal government did not. They concluded DOMA violates protections of equality and dignity for same-sex couples. Citing Lawrence v. Texas, the Supreme Court decided DOMA was based upon animus toward queer people which was not able to produce rational legislation or legitimate purpose.

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