Case Review United States V Windsor

Case Review United States V Windsor

Introduction

This paper discusses the various aspects and perspectives of the case presented at the Supreme Court of US. The issues faced during the case are also explained along with the facts, rules of the state, and analysis according to those rules. The case is regarding the same sex marriage which are not supported by federal law and the Defense of Marriage Act under the definition of spouse. This is further explained in this case United States V Windsor (2013).

Discussion

United States V Windsor (2013) elaborates the case of two women Edith Windsor and Thea Spyer were married in 2007 and residents in New York. Thea Spyer died in 2009 and left her Estate to her spouse Edith Windsor. Windsor wanted to claim the estate with exemption to estate taxes for surviving spouses, and she was denied. Windsor paid the taxes but filed suit to challenge the constitutionality of this provision. The federal law and the Defense of Marriage Act, which excludes a same-sex partner from the definition of “spouse” as that term is used in federal statutes.

Facts

This case presents several facts regarding the US constitutionality and federal law. The primary detail pertaining to the case is the disregard of the same sex marriage as spouse by US Defense of Marriage Act. Therefore, it can be stated that there is no legal claim according to this law. Both women were married but not considered as spouses. Thus, the claim over property is valid under certain conditions. It is possible for Windsor to claim the estate, but cannot claim exemption from taxes. This is due to the fact that she is not her spouse but engaged in her wedlock. Thea Spyer left her estate to Windsor as per her will, which legally ...