In May 2008, New York Governor David Paterson had ordered state agencies to recognize same-sex marriages performed in other jurisdictions.The federal government must recognize same-sex marriages that have been approved by the states. in which the United States Supreme Court held that restricting U. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment; Justice Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity." Edith Windsor (born 1929) and Thea Spyer (October 8, 1931 - February 5, 2009), a same-sex couple residing in New York, were lawfully married in Toronto, Canada, in 2007.Later in 2008, New York recognized their marriage following a court decision.Spyer died in 2009, leaving her entire estate to Windsor.Windsor sought to claim the federal estate tax exemption for surviving spouses. § 7), which provided that the term "spouse" only applied to marriages between a man and woman. Supreme Court issued a 5–4 decision declaring Section 3 of DOMA to be unconstitutional "as a deprivation of the liberty of the person protected by the Fifth Amendment." On the same day, the court also issued a separate 5–4 decision in Hollingsworth v.On April 18, 2011, Paul Clement, representing the Bipartisan Legal Advisory Group (BLAG), intervened to defend the law. Jones ruled that Section 3 of DOMA was unconstitutional under the due process guarantees of the Fifth Amendment affirmed the district court's judgement on October 18, 2012. After Spyer's death in 2009, Windsor was required to pay 3,053 in federal estate taxes on her inheritance of her wife's estate.
She was barred from doing so by Section 3 of DOMA (codified at 1 U. The Internal Revenue Service found that the exemption did not apply to same-sex marriages, denied Windsor's claim, and compelled her to pay 3,053 in estate taxes. Perry—a case related to California's constitutional amendment initiative barring same-sex marriage.On November 9, 2010, Windsor filed a lawsuit against the federal government in the U. District Court for the Southern District of New York, seeking a refund because DOMA singled out legally married same-sex couples for "differential treatment compared to other similarly situated couples without justification." On February 23, 2011, U. Attorney General Eric Holder announced that the Department of Justice would not defend the constitutionality of Section 3 in Windsor. Supreme Court to review the decision, and the Court issued a writ of certiorari in December 2012. The decision effectively allowed same-sex marriages in that state to resume after the court ruled that the proponents of the initiative lacked Article III standing to appeal in federal court based on its established interpretation of the case or controversy clause.But we can't help but sense the raw fishiness of it all!You think they wined and dinned over their mutual dislike for Swifty?!
We can't understand why these two would be hanging otherwise!
Section 3 of the Defense of Marriage Act, which federally defined marriage as a union between one man and one woman as husband and wife, is unconstitutional under the Fifth Amendment Due Process Clause's guarantee of equal protection.