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Windsor v. United States

6/24/2012

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The U.S. District Court of the Southern District of New York has issued its ruling in Windsor v. United States. The court ruled in favor of the plaintiff, Edith Windsor. The court found that the Defense of Marriage Act (DOMA) discriminated against Edith.

That lawsuit is challenging DOMA as it relates to the surviving partner in a lesbian couple. Because of DOMA, Edith was required to pay $350,000 in federal inheritance tax. The plaintiff is the estate's sole heir.

The couple, together for 44 years, married in Toronto in 2007. New York officially recognizes same-sex marriages performed in other jurisdictions.

Windsor paid $363,000 in federal taxes on her inheritance from Spyer's estate. If federal law accorded their marriage the same status as opposite-sex marriages, she would have paid no tax.

1 Comment
Debbie G
2/28/2013 05:36:44 pm

We need Federal Law changed, now!

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    Joan M. Burda is a lawyer with a solo practice in Lakewood, Ohio. She limits her practice to estate planning & probate. She writes on a variety of topics. Joan is nationally recognized for her work in addressing legal issues affecting the LGBT community.

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Joan M. Burda Attorney at Law • lgbtlaw@mac.com • 216.832.8825
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