Sex Marriages

Sex Marriages

The Outline on Windsor v. United States (Challenging the federal "Defense of Marriage Act")

Whether Section 3 of the DOMA, which describes the term “marriage” for all point under the federal law as a legal unification between a male and a female as husband and wife (Citron, 2004), dispossesses same-sex couples who are legally wedded under the their states laws (for instance New York) of the equivalent protection of the regulations, as assured by the 5th Amendment of the United States Constitution (Citron, 2004).

Identification of the case (must be pending in a court of law) - Position according to the Constitution of United States

This proceeding confronts the constitutionality of DOMA. It is a federal law that classifies marriage for the entire federal principles (Sen, 2012) as an officially permitted unification between a male and female as husband and wife.

The case is filed by Plaintiff Edith Windsor who shared forty-four years with Thea Spyer, her late partner, Thea Spyer (Sen, 2012). Windsor filed the court case in opposition to the federal government on 9th November, 2010 for rejecting to recognize or accept their marriage. Spyer and Windsor got married in the year 2007 in Canada. The couple was considered wedded by New York which was their home state. However, Spyer passed away in 2009 (Sen, 2012). The s inequitable policies of DOMA did not let Windsor claim the marital deduction estate tax that is on hand when the surviving partner belongs to the opposed sex.

The court case in quest to make DOMA affirmed unconstitutional and to get hold of a repayment of the federal tax of estate that Plaintiff Edith Windsor was obligated to pay after the death of her spouse. The court proceeding was entered with the help and support of the NYCLU, ACLU and the corporation of Law of Rifkind, Weiss, Paul, Wharton & Garrison (Sen, 2012).

As a matter of fact, Windsor was the one and only beneficiary of the property of Spyer. Since they were wedded, the estate belonging to Spyer would normally have approved to her partner devoid of any tax. However for the reason that DOMA rejected to acknowledge otherwise legitimate marriages of couples having same gender, Spyer's property or assets had to shell out over $350,000 in the taxes of thr federal estate. Previously this year, Plaintiff Edith Windsor applied for a complete reimbursement from the government. However, that claim was rejected by then IRS, citing DOMA. The court case falls out that DOMA breached the equal defense assurance of the United States Constitution (Sen, 2012) since it only acknowledges the marriages only heterosexual partners and not of the same sex partners, in spite of the fact that all marriages are treated on equivalent basis in the New York State.

Federal rules, regulations, or laws violated in the case - a specific provision(s) of the Constitution

The Obama administration, in February 2011 concluded that DOMA's Section 3 which blocks the federal government from acknowledging the officially permitted weddings of same-sex partners is illegal and unconstitutional (Beers, 2012) ...