Windy City Media Group Frontpage News

THE VOICE OF CHICAGO'S GAY, LESBIAN, BI, TRANS AND QUEER COMMUNITY SINCE 1985

home search facebook twitter join
Gay News Sponsor Windy City Times 2021-09-01
DOWNLOAD ISSUE
Donate

Sponsor
Sponsor

  WINDY CITY TIMES

Supreme Court to hear widow's challenge to DOMA
From a news release
2012-12-07

This article shared 2607 times since Fri Dec 7, 2012
facebook twitter google +1 reddit email


WASHINGTON — The U.S. Supreme Court today agreed to hear Edith "Edie" Windsor's challenge to the constitutionality of the Defense of Marriage Act (DOMA).

Windsor, 83, was forced to pay more than $363,000 in federal estate taxes after the death of her spouse Thea Spyer, because their marriage was not recognized under federal law. If Spyer had married a man instead of a woman, no estate tax would have been owed.

"When Thea and I met nearly 50 years ago, we never could have dreamed that the story of our life together would be before the Supreme Court as an example of why gay married couples should be treated equally, and not like second-class citizens," said Windsor, who sued the government for a refund after Spyer's death in 2009. "While Thea is no longer alive, I know how proud she would have been to see this day. The truth is, I never expected any less from my country."

Windsor is represented by attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP; the American Civil Liberties Union; the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic.

Windsor, who achieved the highest technical rank as a software programmer at IBM, and Spyer, a clinical psychologist, met in the 1960s and lived together for more than four decades in New York City. They were engaged in 1967, despite there being no foreseeable prospect of them being able to marry at the time. In 1977, Spyer was diagnosed with progressive multiple sclerosis, and Windsor helped her through her long battle with that disease, which eventually resulted in Spyer's paralysis. The couple was finally legally married in 2007.

"The four decades that Edie Windsor spent with her late spouse are a testament to the words 'in sickness and in health, till death do us part,'" said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. "After building their lives together and getting married, it is unfair for the federal government to treat them as though they were legal strangers."

In October, the U.S. Court of Appeals for the Second Circuit, held that Section 3 of DOMA was unconstitutional as applied to Windsor. The court held that laws like DOMA that subject lesbians and gay men to unequal treatment are presumed to be unconstitutional and are legal only if the government can point to an "important interest" that justifies the discrimination. A federal district court had previously held in Windsor's case that DOMA was unconstitutional even under a less rigorous constitutional standard.

"As the two lower courts have now concluded, it was unconstitutional for our client to have to pay a $363,000 tax bill upon her spouse's death simply because she was married to a woman, instead of a man" said Roberta Kaplan of Paul, Weiss.

The Supreme Court also agreed to hear a constitutional challenge to California's Proposition 8, which relates to the right of same-sex couples to marry in the State of California.

"While New York and eight other states now give same-sex couples the freedom to marry, DOMA requires otherwise legally married same-sex couples like Edie and Thea to be treated by the federal government as if they had never married," said New York Civil Liberties Union executive director, Donna Lieberman. "It is time for the Supreme Court to strike down this unconstitutional statute once and for all."

More about this case can be found at www.aclu.org/edie .


This article shared 2607 times since Fri Dec 7, 2012
facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

Nearly two-thirds of Swiss residents vote for marriage equality
2021-09-26
Almost two-thirds of Switzerland's voters backed the government's plan to introduce same-sex marriage in a referendum held Sept. 26, with campaigners calling it a historic day for gay rights in Switzerland, Yahoo! News reported, citing AFP. ...


Gay News

NATIONAL Danica Roem, 'Don't Ask, Don't Tell,' abortion appeal, Lambda Legal
2021-09-26
Transgender Virginia legislator Danica Roem is facing a conservative marriage-equality opponent and former Trump administration member in her re-election race this November, Yahoo! News noted. Roem, a Democrat, was elected to the House of Delegates in ...


Gay News

WORLD Marches, world leaders, Swiss marriage, soccer match
2021-09-26
Thousands of people including soldiers and diplomats marched peacefully through the Ukrainian capital of Kyiv in an annual Pride parade despite some opposition to an event called off last year because of the coronavirus pandemic, Reuters ...


Gay News

Indiana students sue over gay-straight club's alleged treatment
2021-09-24
In Pendleton, Indiana, a group of Pendleton Heights High School students has filed a lawsuit against the school and South Madison Community School Corporation over allegations that the school has been treating its Gay-Straight Alliance (GSA) ...


Gay News

Report: 2.3M Latinx LGBT adults live in the U.S.
2021-09-23
--From a press release - A new study by the Williams Institute at UCLA School of Law finds that an estimated 2.3 million adults in the U.S. identify as Hispanic or Latino/a and LGBT. Researchers found that Latinx LGBT people fare ...


Gay News

[UPDATE] Lisle school offers job to lacrosse coach in same-sex marriage
2021-09-21
The administration at Lisle’s Benet Academy, a west suburban Catholic school, has reversed course and offered a job to a woman in a same-sex marriage after initially rescinding the offer, The Chicago Tribune reported. ...


Gay News

Chicago Ald. Cappleman attacked
2021-09-19
On the night of Sept. 18, Chicago Ald. James Cappleman was attacked in the Uptown area of the city, The Chicago Tribune reported. Cappleman, in charge of the 46th Ward, is one of five members of ...


Gay News

WORLD Germany's compensation, Lyra McKee, LGBTQ Afghans, tennis player
2021-09-19
Germany has compensated almost 250 people who were prosecuted or investigated under a Nazi-era law criminalizing homosexuality, according to euronews. By September, 317 people had applied for compensation for their ...


Gay News

Pope again refuses to bless same-sex marriages
2021-09-18
Pope Francis told reporters recently on a return flight from Hungary that the Catholic Church is unable to bless same-sex marriages because marriage is a divine sacrament between a man and a woman, per The Advocate. ...


Gay News

Polis marriage marks first same-sex wedding of sitting governor
2021-09-17
On Sept. 15, Colorado Democratic Gov. Jared Polis wed longtime partner Marlon Reis—marking the first same-sex marriage of a sitting U.S. governor, NPR reported. Polis keeps making history. In 2018, Polis became the first openly gay ...


Gay News

Hastert settles sexual-abuse lawsuit
2021-09-16
Days before a trial was set to begin, former U.S. House Speaker Dennis Hastert reached a tentative settlement in a hush-money lawsuit filed by a man whose decades-old sexual-abuse allegations led to the politician's downfall six ...


Gay News

Gov. Pritzker signs transformative energy legislation for Illinois
2021-09-15
--From a press release - CHICAGO — Delivering on principles previously laid out, Governor JB Pritzker signed landmark legislation into law that puts the state on a path toward 100% clean energy, invests in training a diverse workforce for the jobs ...


Gay News

Catholic theologians urge protections for LGBTQ+ people
2021-09-14
More than 750 of the nation's leading Catholic theologians, church leaders, scholars, educators and writers have joined New Ways Ministry in voicing support for nondiscrimination protections for LGBTQ people, according to a New Ways press release. ...


Gay News

Men Having Babies surrogacy conference on Oct. 9
2021-09-13
The Men Having Babies 2021 Midwest Surrogacy Conference & Expo will take place Saturday, Oct. 9, 9 a.m.-7 p.m., at Center on Halsted, 3656 N. Halsted St. According to a press statement, more than 100 (vaccinated!) ...


Gay News

NATIONAL Teachers, GLAAD talks HRC, 9/11 items, Dr. Rachel Levine
2021-09-12
In North Carolina, a former teacher won a lawsuit against Charlotte Catholic High School and the Roman Catholic Diocese of Charlotte after he lost his job following an announcement on Facebook that he planned to marry ...


 



Copyright © 2021 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS







Sponsor
Sponsor


 



Donate


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Advanced Search     
Windy City Queercast      Queercast Archives     
Press  Releases      Join WCMG  Email List      Email Blast      Blogs     
Upcoming Events      Todays Events      Ongoing Events      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Privacy Policy     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.