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Old 18th Jul 2012, 04:25 PM   #1
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Default Widow challenging DOMA

A woman lost her wife and has to pay a real estate tax, because the federal government doesn't recognise their marriage.

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Edith "Edie" Windsor, 83, never really thought she would be suing the government. But just to be safe, she and her late wife, Thea Spyer, always kept extensive records.

[...]

When Spyer died, she left her entire estate to Windsor. But because the federal government did not recognize their marriage under the Defense of Marriage Act, Windsor was hit with a bill for $363,000 in federal estate tax. If Thea had been a Theo, Windsor likes to say, she would have received her spouse's estate tax-free.

Like a handful of other plaintiffs across the country, Windsor is now hoping the U.S. Supreme Court will take her case in order to overturn DOMA[...]. As more states have legalized same-sex marriage -- leading to more than a dozen suits challenging the constitutionality of the federal law -- and public opinion continues to shift in favor of expanded gay rights, legal experts expect a ruling from the high court to come soon. But at 83, with a heart condition, Windsor is not sure it will be soon enough.
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