Friend-of-the-Court Briefs to Be Filed in Support of DOMA Challenge
NEW YORK , September 07 /Businesswire/ - More than fifteen parties – including New York City, three states, members of Congress, civil rights groups and religious organizations – plan to file briefs today in support of Edith “Edie” Windsor’s constitutional challenge to the Defense of Marriage Act (DOMA).
After the death of her spouse Thea Spyer, Windsor was forced to pay more than $360,000 in estate taxes that she would not have had to pay had she been married to a man instead of a woman. Windsor sued the federal government for failing to recognize her marriage. She is represented by attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP; the American Civil Liberties Union; the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic.
In June, a federal district judge in New York ruled in Windsor’s favor that section three of DOMA does “not pass constitutional muster.” Today’s briefs were filed in the U.S. Court of Appeals for the Second Circuit, which will hear arguments in the case on Sept. 27.
“The number and scope of the parties supporting Edie’s case illustrate the breadth of the harms that DOMA inflicts on married same-sex couples,” said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. “It is time for the courts to bring an end to this discriminatory law once and for all.”
Some of the groups filing in support of Windsor include:
“These amicus briefs show both the widespread support for Edie’s case and the lack of any basis for the constitutionality of DOMA,” said Roberta Kaplan, a partner at Paul, Weiss. “Edie just turned 83, and her health is tenuous. After decades with her late spouse and years of struggle for equal rights, she deserves to see justice within her lifetime.”
“New York is home to more married same-sex couples than any other state,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “It only makes sense that our state and local governments would join the dozens of other groups supporting this case. No committed family should be relegated to second-class status.”
Windsor recently petitioned the Supreme Court of the United States to hear her case as well. The Court has yet to announce whether it will hear this case or any other challenge to DOMA.
A full list of parties filing briefs can be found here: www.aclu.org/lgbt-rights/windsor-vs-us-list-amici
For more information on this case, please visit www.aclu.org/edie