m******1
发帖数: 19713 | 1 Edie Windsor Vs. DOMA
7.19.2012
By Jerry Portwood
The 83-year-old widow's case may be the best chance to overturn the law
banning same-sex marriage
You might have first learned of Edie Windsor, 83, in the documentary, Edie &
Thea: A Very Long Engagement. Or perhaps you remember Edie from the Out
story in 2011. The love story explains how Edie met Thea Spyer in 1965, and
the couple finally married in Toronto in 2007. But after Thea's death in
2009, Windsor suffered a $350,000 penalty in federal estate taxes that would
have been avoided if they were a heterosexual couple.
No matter what, you should remember that Edie Windsor filed a lawsuit in
November 2010, with the aid of the ACLU, challenging the constitutionality
of the Defense of Marriage Act (DOMA), which defines marriage as a legal
union between one man and one woman as husband and wife. And now her case is
picking up more steam.
On June 6, the U.S. District Court for the Southern District of New York
sided with Windsor. As HuffPo reports, "This week, her lawyers filed a
petition asking the Supreme Court to take her case and let her skip what
would be the usual next step of going before the U.S. Court of Appeals for
the 2nd Circuit." On June 13, Windsor filed a motion to expedite that appeal.
On Monday Attorney Roberta Kaplan said, "Edie and Thea were together for
more than four decades and truly lived the words 'in sickness and in health,
until death do us part.' Solely because of DOMA, Edie had to pay more than
$363,000 in federal estate tax, which is one of the most significant adverse
impacts of DOMA. Edie, who just turned 83, suffers from a chronic heart
condition. The constitutional injury inflicted on Edie should be remedied
within her lifetime."
Windsor has said that the lawsuit has revived her reason to live after
losing Spyer. "I was anguished about the money, but it was more about the
indignation," Windsor said in a recent interview. "The government was not
recognizing us, and we deserved recognition."
As the Supreme Court decides whether to accept to hear one of the DOMA
challenges or the constitutionality of Prop 8, legal scholars think the DOMA
challenges, such as Windsor's case, have a better chance since it asks a
more narrow question of legality. For her sake, we hope Windsor's case is
taken up before it's too late. | t*******e
发帖数: 2113 | 2
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and
would
希望能加快程序，七月初麻州Gill案上訴雙方都已經交了上訴狀了。
【在 m******1 的大作中提到】
: Edie Windsor Vs. DOMA
: 7.19.2012
: By Jerry Portwood
: The 83-year-old widow's case may be the best chance to overturn the law
: banning same-sex marriage
: You might have first learned of Edie Windsor, 83, in the documentary, Edie &
: Thea: A Very Long Engagement. Or perhaps you remember Edie from the Out
: story in 2011. The love story explains how Edie met Thea Spyer in 1965, and
: the couple finally married in Toronto in 2007. But after Thea's death in
: 2009, Windsor suffered a $350,000 penalty in federal estate taxes that would
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