This court decision shows why Question Six in Maryland should get a vote FOR from the electorate:
Same-Sex marriages are
constitutionally protected
just like other marriages
In a 2-1 decision announced today, Oct 18, 2012:
The ruling came in Windsor v. USA, a case brought by a now 83-year-old lesbian widow Edith Windsor.
The court ruled that "heightened scrutiny" must be applied in the case, stating:
Windsor's case was decided by the 2nd Circuit Appeals Court after a federal district judge sided with Windsor in June, 2012, ruling that the government must refund the more than $363,000 in taxes paid by Windsor following the death of her wife, Thea Spyer.
Windsor sued to recoup about $363,000, federal estate tax she was forced to pay on her inheritance from Spyer.
The federal government does not tax inheritances that pass from one spouse to the other, but because of DOMA the federal government has refused to recognize Windsor and Spyer's marriage.
In a statement made after the decision was announced, Edith Windsor said:
DOMA is not dead yet:
Four DOMA challenges, including Windsor, have been petitioned for review by the Supreme Court.
The Windsor ruling was written by Chief Judge Dennis Jacobs, who was appointed by President George H. W. Bush. The losing party was the Bipartisan Legal Advisory Group (BLAG), created by House Republicans to defend DOMA in court.
Source - which also has a link to the Windsor decision itself:
BREAKING: Federal Appeals Court Rules DOMA Unconstitutional in Windsor Case - Poliglot
a Second federal circuit court has struck down part of DOMA - the Defense of Marriage Act (passed in 1996), which prohibits federal recognition of same-sex marriage.The Second Circuit Court of Appeals found Section 3 of DOMA is a violation of the equal protection clause of the Constitution.
The ruling came in Windsor v. USA, a case brought by a now 83-year-old lesbian widow Edith Windsor.
The court ruled that "heightened scrutiny" must be applied in the case, stating:
"In this case, all four factors justify heightened scrutiny: A) homosexuals as a group have historically endured persecution and discrimination; B) homosexuality has no relation to aptitude or ability to contribute to society; C) homosexuals are a discernible group with non-obvious distinguishing characteristics, especially in the subset of those who enter same-sex marriages; and D) the class remains a politically weakened minority."
Windsor's case was decided by the 2nd Circuit Appeals Court after a federal district judge sided with Windsor in June, 2012, ruling that the government must refund the more than $363,000 in taxes paid by Windsor following the death of her wife, Thea Spyer.
Windsor sued to recoup about $363,000, federal estate tax she was forced to pay on her inheritance from Spyer.
The federal government does not tax inheritances that pass from one spouse to the other, but because of DOMA the federal government has refused to recognize Windsor and Spyer's marriage.
In a statement made after the decision was announced, Edith Windsor said:
"I know Thea would have been so proud to see how far we have come in our fight to be treated with dignity."
DOMA is not dead yet:
Four DOMA challenges, including Windsor, have been petitioned for review by the Supreme Court.
The Windsor ruling was written by Chief Judge Dennis Jacobs, who was appointed by President George H. W. Bush. The losing party was the Bipartisan Legal Advisory Group (BLAG), created by House Republicans to defend DOMA in court.
Source - which also has a link to the Windsor decision itself:
BREAKING: Federal Appeals Court Rules DOMA Unconstitutional in Windsor Case - Poliglot
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