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| ACLU Client Edie Windsor fighting DOMA (Photo Courtesy: ACLU) |
Windsor, who legally married Spyer in Canada in 2007, filed the lawsuit after the government imposed a hefty tax on the estate of Spyer, who died in 2009. Windsor would not have had to pay any tax if she were married to a man, but because of the discriminatory Defense of Marriage Act (DOMA), she had to pay $363,000. Windsor brought the lawsuit with the assistance of the American Civil Liberties Union, the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP and the New York Civil Liberties Union.
In February, the Obama administration concluded that Section 3 of DOMA, which bars the federal government from recognizing the legal marriages of same-sex couples, is unconstitutional and that the Department of Justice would no longer defend the discriminatory law in court. The Speaker of the House, John Boehner (R-OH), declared that the House of Representatives would instead defend the law.
Yesterday in a letter to Democratic Leader Nancy Pelosi, asking for her support in redirecting resources from the DOJ to the House to defend DOMA, House Speaker John Boehner wrote, "I have directed House Counsel and House Administration Committee to assure that sufficient resources and associated expertise, including outside counsel, are available for appropriately defending the federal statute that the Attorney General refuses to defend."
The letter also claimed that it was "the House’s intent to protect taxpayers from any cost associated with the Obama administration’s refusal to defend the constitutionality of the Defense of Marriage Act in court."
In response to the letter, Edie Windsor said in a statement: "DOMA is so clearly unjust in the way that it treats me as a second class citizen. I am very disappointed that the House of Representatives has decided to intervene in my case in order to try to prevent me from obtaining a refund of the $363,000 in estate taxes that I should never have had to pay in the first place. I'm sure that the House's intervention won't change the ultimate result since the court will agree with us, as well as with the president and the Department of Justice, that DOMA is unconstitutional."
James Esseks, Director of the ACLU Lesbian Gay Bisexual and Transgender Project said: "It is mind-boggling that of all of the priorities currently before Congress, the Speaker has chosen to defend this unconstitutional law. But we’re confident that, like the Obama administration, the courts will come to the conclusion that the so-called ‘Defense of Marriage Act’ violates the Constitution and couples like Edie and Thea deserve the same respect, dignity and protection as any other married couple. Rather than wasting scarce resources defending this discriminatory law, Congress should pass the Respect for Marriage Act, which would fully repeal DOMA and provide federal protections for married same-sex couples by recognizing marriages that are already recognized by states."
To learn more about Edie’s case, go to: www.aclu.org/edie
Related Posts:
- Why Edie Windsor is Challenging the "Defense Of Marriage Act"
- Sen. Feinstein Introduces DOMA Repeal Legislation
- Rep. Jerry Nadler Re-introduces the Respect for Marriage Act
- Sen. Gillibrand Urges House Gop to Not Spend Taxpayer Money Defending DOMA
- Obama Drops Defense of Marriage Act in 2 Cases
