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26 de jun. de 2013 · The United States District Court and the Court of Appeals ruled that this portion of the statute is unconstitutional and ordered the United States to pay Windsor a refund. This Court granted certiorari and now affirms the judgment in Windsor’s favor.
Windsor, 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment .
Edith Windsor is the widow and sole executor of the estate of her late spouse, Thea Clara Spyer, who died in 2009. The two were married in Toronto, Canada, in 2007, and their marriage was recognized by New York state law. Thea Spyer left her estate to her spouse, and because their marriage was not recognized by federal law, the government ...
against the United States, fnding § 3 unconstitutional and ordering the Treasury to refund Windsor's tax with interest. The Second Circuit affrmed. The United States has not complied with the judgment. Held: 1. This Court has jurisdiction to consider the merits of the case.
26 de jun. de 2013 · Windsor, legal case, decided on June 26, 2013, in which the U.S. Supreme Court struck down Section 3 of the federal Defense of Marriage Act (1996; DOMA), which had defined marriage for federal purposes as a legal union between one man and one woman.
27 de mar. de 2013 · Holding: Section 3 of the Defense of Marriage Act is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment. Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on June 26, 2013. Chief Justice Roberts filed a dissenting opinion.
Windsor claimed the federal estate-tax exemption for surviving spouses but was denied under the Defense of Marriage Act (DOMA), 1 U.S.C. § 7. The provision amends the definition of marriage to a “union between one man and one woman” and defines spouse as an opposite-sex husband or wife.
