Edie Windsor and Thea Spyer shared their lives together as a couple in New York City for 44 years. After a 40 year engagement they were finally married in Canada in May 2007. Two years later, Thea passed away, after living for decades with multiple sclerosis, which led to progressive paralysis.

When Thea died, the federal government refused to recognize their marriage and taxed Edie's inheritance from Thea as though they were strangers. Under federal tax law, a spouse who dies can leave her assets, including the family home, to the other spouse without incurring estate taxes.

Ordinarily, whether a couple is married for federal purposes depends on whether they are considered married in their state. New York recognized Edie and Thea's marriage, but because of a federal law called the "Defense of Marriage Act," or DOMA, the federal government refuses to treat married same-sex couples, like Edie and Thea, the same way as other married couples.

Edie and the ACLU Challenged DOMA in the U.S. Supreme Court

We are challenging the constitutionality of DOMA and seeking a refund of the $363,000 estate tax she was unfairly forced to pay. Edie alleges that DOMA violates the Equal Protection principles of the U.S. Constitution because it recognizes existing marriages of heterosexual couples, but not of same-sex couples, despite the fact that New York State treats all marriages the same.

A decision from the Supreme Court is expected in June.

“The fact is, marriage is this magic thing. I mean forget all the financial stuff — marriage… symbolizes commitment and love like nothing else in the world. And it’s known all over the world. I mean, wherever you go, if you’re married, that means something to people.”

– Edie Windsor

 

Listen to Edie talk about her case. 

Learn more about Edie’s day in court.

 

 

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