US Vs. Windsor: Case Study

Section 1 Essay U.S. v. Windsor, 133 S. Ct. 2675 (2013), is a case about a same-sex couple that was married in 2007 in Ontario, Canada because at that time same-sex marriage was not legal in New York. The same-sex couple, Edith Windsor and Thea Spyer resided in New York. Two years after the couple was married, Spyer died, and left all of her estate to her wife, Windsor. When Windsor went to claim the federal estate tax exemption for surviving spouses, she was denied because of the federal Defense of Marriage Act (DOMA), which excluded same-sex partners in definition of marriage and spouse. Windsor went on with the issue, paid estate taxes over $300,000, but Window was denied the refund. She then challenged DOMA saying Section 3 was unconstitutional. After a few years with the case working its way through the courts, the Supreme Court issued a 5-4 decision that Section 3 of the Defense of Marriage Act was unconstitutional.
(Sprigg) The court found that it is up to each individual state to make their own policy on same – sex marriage which was not followed during the time of Windsor. In regards to due process and equal protection, the Supreme Court found DOMA violated laws that the federal government placed in order for all people to be treated equally. (Sprigg) The majority stated that the main purpose of DOMA was to make same – sex couples feel at loss, especially when they were in a marriage. The law wanted homosexuals to feel like they lost their respect for their spouse.