Marriage Equality Goes Federal as Supreme Court Hears Challenge to #DOMA

Yesterday, the Supreme Court heard oral arguments for and against California Prop 8, and it looks like that state case will be passed on due to lack of standing. But today the Court is hearing arguments on a federal level, as the federal Defense of Marriage Act (DOMA), signed in 1996 by then-president Bill Clinton, and passed by overwhelming majorities in congress, is challenged at the highest level.

The case before the court centers around Edith Windsor, 83, of New York, who in accordance with New York state law, legally married her partner of 40 years, Thea Spayer, in 2007. Twenty-one months later Spayer died and because of DOMA, the federal law recognizing marriage as one between a man and woman, Windsor was forced to pay $600,000 in estate taxes. The IRS was forbidden from granting her status as a surviving spouse and Windsor is now suing for a refund.

Spayer summed it up in the simplest of terms, ““To get married is a very big deal,” she said. “And it’s an even bigger deal if you’ve been denied it.”

DOMA is not being defended by the Obama administration in court today. Like the state of California in the Prop 8 case, the administration refused to defend the law. Instead the House’s Bipartisan Legal Advisory Group, led by former solicitor general in the George W. Bush administration, Paul D. Clement represents the defense.

Over 40 Amicus (friend-of-the-court) briefs were filed with the Supreme court opposing DOMA, from Republicans and Democrats alike.

ViralRead will follow today’s proceedings and update as necessary.

 

 

 

 

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