Suchergebnisse
Suchergebnisse:
26. Juni 2013 · 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. Spyer died in 2009 and left her estate to Windsor, who sought to claim the federal estate tax exemption for surviving spouses.
- 280 U.S. 379
Ex parte Burrus, 136 U. S. 586, 136 U. S. 583, 136 U. S....
- 280 U.S. 379
United States v. Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case [1] [2] [3] 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 ...
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 ...
The District Court permitted the intervention. On the merits, the court ruled 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.
LII. Wex. United States v. Windsor (2013) United States v. Windsor (2013) The Supreme Court case which held that the Defense of Marriage Act’s (DOMA) provision excluding same-sex married individuals from the definition of spouse violated the protections afforded by Fifth Amendment and was thus unconstitutional. (Read the opinion here)
The provision amends the definition of marriage to a “union between one man and one woman” and defines spouse as an opposite-sex husband or wife. Windsor paid the taxes and sued in federal court, challenging the constitutionality of the restriction.
Petitioner state: Unknown; Respondent type: Lesbian, gay, bisexual, transexual person or organization; Respondent state: Unknown; Citation: 570 U.S. 744; How the court took jurisdiction: Cert; What type of decision was made: Opinion of the court (orally argued) Who was the chief justice: John Roberts; Who wrote the majority opinion: Anthony Kennedy
