Again the ACLU boldly stands up for civil rights and equality: The organization, along with other counsel, has filed a lawsuit against the federal government challenging the constitutionality of the Defense of Marriage Act (DOMA). DOMA defines marriage for all federal purposes as a legal union between a man and a woman.
The case, Windsor v. United States, was brought on behalf of Edith "Edie" Windsor, who in 2009 lost her spouse of 44 years, Thea Spyer. According to the ACLU, Windsor and Spyer had gotten married in Canada in 2007, and "were considered married by their home state of New York." But, because of DOMA, explains the ACLU, "Windsor was not able to claim the estate tax marital deduction that is available when the surviving spouse is of the opposite sex. In her lawsuit, Windsor is seeking to have DOMA declared unconstitutional and to obtain a refund of the federal estate tax that she was forced to pay following Spyer's death."
The ACLU notes that another lawsuit raising the same legal challenge to DOMA has been filed in federal court in Hartford, CT. "Brought by Gay & Lesbian Advocates & Defenders," the ACLU explains, "that case includes five married couples and one widower from three states who are harmed by DOMA in a variety of significant ways, including denial of health care coverage and social security benefits."
These cases will likely be tied up in the courts for years. But they're a good start, especially since we cannot expect the new Congress to do anything about it.
>> Learn more about Windsor v. United States.
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