Windsor v. United States
Encyclopedia
Windsor v. United States is a lawsuit
filed in the United States District Court for the Southern District of New York
. The plaintiff
in the suit challenges the constitutionality
of section 3 of the Defense of Marriage Act
(DOMA), which defines the terms "marriage" as "a legal union between one man and one woman as husband and wife" and "spouse" as "a person of the opposite sex who is a husband or a wife."
The law firm Paul, Weiss, Rifkind, Wharton & Garrison
, in conjunction with the American Civil Liberties Union
(ACLU), filed Windsor v. United States in District Court in New York on behalf of Edith S. Windsor, the widow of Thea C. Spyer. The two New York women married in Toronto in 2007 and New York officially recognizes same-sex marriages performed in other jurisdictions. Windsor paid $363,000 in federal taxes on her inheritance from Spyer's estate. If federal law accorded their marriage the same status as opposite-sex marriages, she would have paid no tax.
On February 23, 2011, Attorney General Eric Holder
released a memo regarding two lawsuits challenging DOMA Section 3, Windsor and Pedersen v. Office of Personnel Management
. It explained that the Obama administration had determined that classifications based on sexual orientation should be subject to heightened scrutiny, and therefore it could no longer defend the constitutionality of DOMA's Section 3. The Windsor and Pedersen cases are widely credited as the primary reason for Obama administration's decision.
The administration intends to continue enforcing the law until it is either repealed by Congress or finally declared unconstitutional in court.
U.S. District Court Magistrate Judge James C. Francis IV set April 18 as the deadline for Congress to intervene in the case and scheduled a May 9 conference with attorneys for both sides to consider how to proceed in light of the President's decision. On April 18, Paul Clement
, designee of the Bipartisan Legal Advisory Group
of the House of Representatives, filed a motion asking to be allowed to intervene in the suit "for the limited purpose of defending the constitutionality of Section III" of DOMA. Defense and Department of Justice attorneys did not oppose the motion. Following the May 9 conference, Judge Francis set a schedule for legal filings, with deadlines that vary if either side identifies expert witnesses or not. The earliest date for completed filings is September 9, the latest September 23.
Windsor's attorneys filed a motion for summary judgment on June 24. New York Attorney General Eric Schneiderman
filed a brief supporting Windsor's claim on July 26, arguing that DOMA Section 3 cannot survive the scrutiny used for classifications based on sex and constitutes "an intrusion on the power of the state to define marriage." On August 1, the BLAG filed its brief seeking summary judgment on the grounds that marriage is not a fundamental right and that classification based on sexual orientation is not subject to heightened scrutiny.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed in the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
. The plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in the suit challenges the constitutionality
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
of section 3 of the Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
(DOMA), which defines the terms "marriage" as "a legal union between one man and one woman as husband and wife" and "spouse" as "a person of the opposite sex who is a husband or a wife."
The law firm Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a law firm headquartered on Sixth Avenue in New York City. The firm has well-noted expertise in its corporate, personal representation, entertainment law and litigation practices, having long been a leader among national litigation firms...
, in conjunction with the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU), filed Windsor v. United States in District Court in New York on behalf of Edith S. Windsor, the widow of Thea C. Spyer. The two New York women married in Toronto in 2007 and New York officially recognizes same-sex marriages performed in other jurisdictions. Windsor paid $363,000 in federal taxes on her inheritance from Spyer's estate. If federal law accorded their marriage the same status as opposite-sex marriages, she would have paid no tax.
On February 23, 2011, Attorney General Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....
released a memo regarding two lawsuits challenging DOMA Section 3, Windsor and Pedersen v. Office of Personnel Management
Pedersen v. Office of Personnel Management
Pedersen et al. v. Office of Personnel Management is a lawsuit filed on November 9, 2010, in the United States District Court for the District of Connecticut...
. It explained that the Obama administration had determined that classifications based on sexual orientation should be subject to heightened scrutiny, and therefore it could no longer defend the constitutionality of DOMA's Section 3. The Windsor and Pedersen cases are widely credited as the primary reason for Obama administration's decision.
The administration intends to continue enforcing the law until it is either repealed by Congress or finally declared unconstitutional in court.
U.S. District Court Magistrate Judge James C. Francis IV set April 18 as the deadline for Congress to intervene in the case and scheduled a May 9 conference with attorneys for both sides to consider how to proceed in light of the President's decision. On April 18, Paul Clement
Paul Clement
Paul Drew Clement is a former United States Solicitor General and current Georgetown University legal professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W...
, designee of the Bipartisan Legal Advisory Group
Bipartisan Legal Advisory Group
The Bipartisan Legal Advisory Group is a standing body of the U.S. House of Representatives. Comprising 5 members of the House leadership , it directs the activities of the House Office of General Counsel...
of the House of Representatives, filed a motion asking to be allowed to intervene in the suit "for the limited purpose of defending the constitutionality of Section III" of DOMA. Defense and Department of Justice attorneys did not oppose the motion. Following the May 9 conference, Judge Francis set a schedule for legal filings, with deadlines that vary if either side identifies expert witnesses or not. The earliest date for completed filings is September 9, the latest September 23.
Windsor's attorneys filed a motion for summary judgment on June 24. New York Attorney General Eric Schneiderman
Eric Schneiderman
Eric T. Schneiderman is the 65th and current New York Attorney General.-Early life, education, and early career:Schneiderman graduated from Amherst College in 1977 with a B.A...
filed a brief supporting Windsor's claim on July 26, arguing that DOMA Section 3 cannot survive the scrutiny used for classifications based on sex and constitutes "an intrusion on the power of the state to define marriage." On August 1, the BLAG filed its brief seeking summary judgment on the grounds that marriage is not a fundamental right and that classification based on sexual orientation is not subject to heightened scrutiny.