Supreme Court strikes down controversial DOMA provision

MGN
Wednesday, June 26, 2013 - 11:48am

The Supreme Court has struck down a key provision of the federal Defense of Marriage Act, ruling that same-sex spouses legally married in a state may receive federal benefits.

The case examines whether the federal government can deny tax, health and pension benefits to same-sex couples in states where they can legally marry. At issue is whether DOMA violates equal protection guarantees in the Fifth Amendment's due process clause as applied to same-sex couples legally married under the laws of their states.

The key plaintiff is Edith "Edie" Windsor, 84, who married fellow New York resident Thea Spyer in Canada in 2007, about 40 years into their relationship. By the time Spyer died in 2009, New York courts recognized same-sex marriages performed in other countries. But the federal government didn't recognize Windsor's same-sex marriage, and she was forced to assume an estate tax bill much larger than those that other married couples would have to pay. So, Windsor sued the federal government.

A federal appeals court last year ruled in Windsor's favor, saying DOMA violated the Constitution's equal protection clause.
 

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