Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, July 19, 2012

Supreme Court Asked to Review Windsor Decision

Supreme CourtAs I have previously discussed, a federal district court ruled that DOMA was unconstitutional in Windsor v. United States because it discriminates against same-sex couples by not recognizing them as a married couple for federal tax law purposes. Now, the Department of Justice has asked the Supreme Court of the United States to hear the Windsor case. Ms. Windsor also filed for a writ of certiorari asking the Court to hear this case. 

In addition to the Windsor case, the courts have heard several other challenges to DOMA, and are currently pending in the federal courts of appeals. Currently, Ms. Windsor is defending her the victory that she won at the federal district court in Second Circuit Court of Appeals. The Second Circuit "agreed to hear her case on an expedited basis." 

See ACLU, Supreme Court Asked to Review Edie Windsor's Marriage to "Defense of Marriage Act", YubaNet.com, July 16, 2012. 

Special thanks to David S. Luber (Attorney at law, Florida Probate Attorney Wills and Estates Law Firm) for bringing this article to my attention.


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