Edie Windsor

  • December 14, 2012
    Guest Post

    by Janson Wu. Wu is a staff attorney with Gay & Lesbian Advocates & Defenders (GLAD) in Boston and the recipient of ACS’s 2012 David Carliner Award. He is also co-counsel in two of the DOMA challenges (Gill v. OPM and Pedersen v. OPM). While those cases were not granted cert by the U.S. Supreme Court, he remains committed to doing whatever it takes to ensure that DOMA is no longer the law of the land.  


    The predictions surrounding the U.S. Supreme Court's decision last Friday to grant certiorari in two LGBT cases began long before conference day. For months, court-watchers wondered whether the Court would grant review in the Perry case challenging the constitutionality of California's Proposition 8, which limits marriage to straight couples. Or would the Court deny certiorari and leave the Ninth Circuit’s narrowly crafted decision intact, which overturned Proposition 8 only without inflicting collateral damage to the other 30 state constitutional amendments banning marriage for loving and committed gay couples.

    In contrast, many felt confident that the Court would review one of the four cases challenging the federal Defense of Marriage Act (DOMA).The trickier question was which case would the Court take.

    In the end, the Court agreed to hear the Proposition 8 case, and choose the ACLU’s Windsor case as its preferred vehicle for reviewing the constitutionality of DOMA.

    Now the real betting begins.

  • December 7, 2012

    by Jeremy Leaming

    As widely expected the U.S. Supreme Court will wade into the battle for marriage equality announcing today it would consider the constitutionality of state and federal bars against same-sex marriage.

    The New York Times’ Adam Liptak noted that the Court’s docket now includes a lot of cases centering on “the meaning of equality ….” The high court’s docket already includes cases involving race-conscious university admissions policies and an integral enforcement provision of the Voting Rights Act.

    The high court will review a decision striking California’s Proposition 8, which yanked marriage equality rights from lesbians and gay men in the state, and an opinion from a federal appeals court that invalidated a provision of the so-called Defense of Marriage Act.

    Earlier this year, the U.S. Court of Appeals for the Ninth Circuit ruled that California’s Proposition 8 “served no purpose and no effect, other than to lessen the status and human dignity of gays and lesbians.” Writing for the majority, Judge Stephen Reinhardt said, “Proposition 8 worked a singular and limited change to the California Constitution: it stripped same-sex couples of the right to have their committed relationships recognized by the State with the designation of ‘marriage,’ which the state constitution had previously guaranteed them, while leaving in place all their other rights and responsibilities as partners – rights and responsibilities that are identical of those married spouses and form an integral part of the marriage relationship.”

    The high court also said it would review U.S. v. Windsor, a case out of the Second Circuit. Earlier in the fall, the U.S. Court of Appeals for the Second Circuit invalidated a provision of the so-called Defense of Marriage Act, a law enacted by the Clinton administration. The Obama administration announced earlier in its first term that it would stop defending DOMA in court. The Bipartisan Legal Advisory Group of the U.S. House of Representatives intervened to help defend DOMA.

  • November 30, 2012

    by Jeremy Leaming

    It’s hard to say why marriage matters, why it is different, Edie Windsor says in an ACLU video documenting her struggle to overcome the federal government’s discriminatory treatment of same-sex marriages. But, she continued, marriage is different and does matter. “It has to do with our dignity,” being able to be who we are openly, she said.

    “It was a love affair that kept on and on and on,” Windsor said in describing her deep, loving and lasting connection to Thea Spyer. The couple, more than 40 years into their relationship and after Spyer received a dire diagnosis related to multiple sclerosis, were married in Canada. When Spyer died in 2007, Windsor was required to pay inheritance taxes since the federal government because of the Clinton era law, the so-called Defense of Marriage Act, does not recognize same-sex marriages. With the help of the American Civil Liberties Union, Edie lodged a lawsuit against DOMA arguing, in part, that it violates the Constitution’s equal protection clause.

    In the fall, the U.S. Court of Appeals for the Second Circuit ruled in favor of Windsor, concluding that DOMA does violate the equal protection rights of lesbians and gay men. Edie’s case, Windsor v. U.S. is one of several the Supreme Court could take for review this term. The justices met in a private conference Nov. 30 where the marriage equality cases could have been considered. SCOTUSblog’s Lyle Denniston reported earlier today that the justices “took no action” on any of the same-sex marriage cases that have wended their way through the federal courts. Denniston notes that nothing has “ruled out the possibility that some actions on same-sex marriage could be announced” on Monday. Or it could be, Denniston continues, that the high court will need more than one conference meeting to “decide how to proceed” on handling the marriage equality cases.

  • November 27, 2012
    Guest Post

    By Suzanne B. Goldberg, Herbert and Doris Wechsler Clinical Professor of Law; Co-Director, Center for Gender & Sexuality Law; and Director, Sexuality and Gender Law Clinic, Columbia Law School


    While marriage equality supporters have been giving thanks for the recent ballot box victories and the Second Circuit’s Windsor v. U.S. decision, the most recent Defense of Marriage strike-down by a federal court in mid-October, the law-focused among us are also looking ahead to the next big question: What will the U.S. Supreme Court do on Nov. 30, when it is scheduled to decide on the marriage-related cert petitions pending before it?

    Notably, Windsor is now looking, to many, like the leading candidate among cert-worthy marriage cases and, for marriage equality advocates, a particularly promising one for at least three reasons. 

    Perhaps most importantly, Windsor presents a powerful – and personal – story of DOMA’s discriminatory effects on lesbian and gay married couples. Edie Windsor and Thea Clara Spyer were together for 42 years, from the early 1960s through Speyer’s death in 2009, two years after the couple married in Toronto, in a relationship so committed and moving that it became the subject of a widely acclaimed documentary, Edie and Thea. Yet because of DOMA, the United States refused to recognize their relationship and, when Thea died, sent Edie a $300,000+ tax bill that would have been $0 had the government acknowledged their marriage.