Analysis Of Same-Sex Marriage In United States V. Windsor

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Same-sex has been a trending topic for the past few decades. During this time frame, the support of same sex-marriage has risen to 53 percent. Although this is majority, the United States still struggles to find where it stands on same-sex marriage. An important case that shows the injustice treatment same-sex marriage couples go through is found in United States v. Windsor. United States v. Windsor is a case in which the United States Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to affect only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. The Defense of Marriage Act (DOMA) argued that in doing so “disparages and injures those whom the State by its marriage laws, sought to protect in personhood and dignity.”
Edith Windsor and Thea Spyer were a same-sex couple that lived in New York. They were officially married in Ontario, Canada in 2007. After Thea Spyer died in 2009, she left her entire estate to Windsor. According to statejournal, “Windsor wanted to claim the federal estate tax exemption for surviving spouses”. Section 3 of DOMA barred her from doing so. However, according to Willamette.com, “Section 3 of DOMA stated, “that “spouse” only applied to marriages between a man and a woman”. The IRS also denied Windsor’s claim and forced her to pay over $300,00 in estate taxes because they found that exemption did not apply to same-sex marriages. Windsor filed a lawsuit in 2010 against the Southern District of New York. Windsor argued that DOMA singled out legally same-sex marriages. The judge ruled that Section 3 of DOMA was unconstitutional due to the guarantees of the Fifth Amendme...

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...retation. “The word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”
DOMA does not invade on the rights of the States. Section 3 does not withhold any State from acknowledging same-sex marriage or from prolonging to same-sex couples any privilege, benefit, or right stemming from state law. Section 3 merely defines a class of persons to whom federal law extends particular benefits. In these provisions, Congress used marital status as a way of defining this class because it viewed marriage valued establishment to be fostered and in part because it viewed married couples as involving an exclusive form of economic unity. The implications of United States v. Windsor will act as a future precedent for states that approve same-sex marriage.

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