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Jun 26, 2013 · United States v. Windsor, 570 U.S. 744 (2013) Docket No. 12-307. Granted: December 7, 2012. Argued: March 27, 2013. Decided: June 26, 2013. Justia Summary. Windsor and Spyer, two women, married in Canada in 2007. Their home state, New York, recognized the marriage.
- Marriage
- Background
- Issue
- Significance
- Criticisms
The Defense of Marriage Act (DOMA), enacted in 1996, states that, for the purposes of federal law, the words \\"marriage\\" and \\"spouse\\" refer to legal unions between one man and one woman. Since that time, some states have authorized same-sex marriage. In other cases regarding the DOMA, federal courts have ruled it unconstitutional under the Fifth...
Edith Windsor is the widow and sole executor of the estate of her late spouse, Thea Clara Spyer, who died in 2009. The two were married in Toronto, Canada, in 2007, and their marriage was recognized by New York state law. Thea Spyer left her estate to her spouse, and because their marriage was not recognized by federal law, the government imposed $...
Does the executive branch's agreement with the lower court that the act is unconstitutional deprive the Supreme Court of jurisdiction to decide the case? Does the Bipartisan Legal Advisory Group of the House of Representatives have standing in the case? Does the Defense of Marriage Act, which defines the term \\"marriage\\" under federal law as a \\"l...
No, unanswered, yes. Justice Anthony M. Kennedy delivered the opinion of the 5-4 majority. The Supreme Court held that the United States Government, despite the executive branch's agreement regarding DOMA's unconstitutionality, retains a significant enough stake in the issue to support Supreme Court's jurisdiction. Because the judgment in question ...
Chief Justice John G. Roberts wrote a dissent in which he argued that the Court lacked the jurisdiction to review the case and that interests in uniformity and stability justified Congress' enactment of DOMA. He also argued that the majority's opinion did not address the issue of state definitions of marriage affecting same-sex couples. In his sepa...
Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment .
- Roberts
- United States, Petitioner v. Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.
- Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan
against the United States, fnding § 3 unconstitutional and ordering the Treasury to refund Windsor's tax with interest. The Second Circuit affrmed. The United States has not complied with the judgment. Held: 1. This Court has jurisdiction to consider the merits of the case.
Get United States v. Windsor, 570 U.S. 744 (2013), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Written and curated by real attorneys at Quimbee.
Kennedy, Anthony M, and Supreme Court Of The United States. U.S. Reports: United States v. Windsor, 570 U.S. 744. 2012. Periodical. Retrieved from the Library of Congress, <www.loc.gov/item/usrep570744/>.
Case Year: 2013. Case Ruling: 5-4, Affirmed. Opinion Justice: Kennedy. FACTS. In 1996, as some states were beginning to consider same-sex marriage but before any state had acted to permit it, Congress enacted the Defense of Marriage Act (DOMA).
