![]() ![]() The dissenting Justices and some commentators have criticized Justice Kennedy’s majority opinion as incoherent. By a 5–4 vote, the Court held that part of DOMA unconstitutional as a violation of the Fifth Amendment to the U.S. Windsor challenged the constitutionality of DOMA’s § 3, and the Supreme Court ultimately agreed with her. Why not? Because § 3 of the federal Defense of Marriage Act-DOMA-provided that for purposes of all federal laws, including the tax code, “the word ‘marriage’ means only a legal union between one man and one woman.” For tax purposes, Windsor and Spyer were never married despite the fact that their marriage was recognized as valid by the state in which they lived. When Spyer died, however, Windsor was not entitled to claim the marital exemption from federal estate taxes. (Chip Somodevilla/Getty Images)Įdith Windsor was legally married to Thea Spyer under New York law. The Supreme Court heard oral arguments in the case which challenges the constitutionality of the Defense of Marriage Act (DOMA). Loewenstein Professor of Law Edith Windsor, 83, acknowledges her supporters as she leaves the Supreme Court on March 27, 2013. ![]() What does that tell us about challenges to state laws that ban same-sex marriage? United States The Supreme Court invalidated part of the federal Defense of Marriage Act. ![]()
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