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Constitutional Law Keyed to Choper
United States v. Windsor
Citation:
570 U.S. 744 (2013)Facts
Edith Windsor and Thea Spyer met in New York City in 1963 and began a long-term relationship. In 1993, they registered as domestic partners when New York City created that status. In 2007, facing Spyer’s declining health, they traveled to Canada to legally marry, though they continued to reside in New York. When Spyer died in 2009, she left her entire estate to Windsor. Under DOMA, Windsor did not qualify for the federal estate tax exemption available to surviving spouses, forcing her to pay $363,053 in estate taxes. Windsor filed suit seeking a refund, arguing that DOMA violated the equal protection guarantee of the Fifth Amendment. During the litigation, the Obama administration announced it would no longer defend DOMA’s constitutionality but would continue to enforce it. The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives intervened to defend the law.
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