On February 23, 2011, Attorney General Eric Holder released a statement regarding two lawsuits challenging DOMA Section 3, Windsor and Pedersen v. He explained that the Department of Justice (DOJ) had previously defended Section 3 of DOMA in several other lawsuits in jurisdictions where precedents required the court to use the rational basis standard for reviewing laws concerning sexual orientation.
By doing so it violates basic due process and equal protection principles applicable to the Federal Government. Responsibilities, as well as rights, enhance the dignity and integrity of the person.
And DOMA contrives to deprive some couples married under the laws of their State, but not other couples, of both rights and responsibilities.
Spyer died at the age of 77 in 2009, leaving her entire estate to Windsor.
Windsor sought to claim the federal estate tax exemption for surviving spouses. § 7), which provided that the term "spouse" only applied to marriages between a man and woman. Supreme Court issued a 5–4 decision declaring Section 3 of DOMA to be unconstitutional "as a deprivation of the liberty of the person protected by the Fifth Amendment." On the same day, the court also issued a separate 5–4 decision in Hollingsworth v.
Under that standard, it could no longer defend the constitutionality of DOMA Section 3.
On April 18, 2011, Paul Clement, representing the Bipartisan Legal Advisory Group of the House of Representatives (BLAG), filed a motion asking to be allowed to intervene in the suit "for the limited purpose of defending the constitutionality of Section III" of DOMA.
She was barred from doing so by Section 3 of DOMA (codified at 1 U. The Internal Revenue Service found that the exemption did not apply to same-sex marriages, denied Windsor's claim, and compelled her to pay 3,053 in estate taxes. Perry—a case related to California's constitutional amendment initiative barring same-sex marriage.
On November 9, 2010, Windsor sued the federal government in the U. District Court for the Southern District of New York, seeking a refund because DOMA singled out legally married same-sex couples for "differential treatment compared to other similarly situated couples without justification." On February 23, 2011, U. Attorney General Eric Holder announced that the Department of Justice would not defend the constitutionality of Section 3 in Windsor. Supreme Court to review the decision, and the Court issued a writ of certiorari in December 2012. The decision effectively allowed same-sex marriages in that state to resume after the court ruled that the proponents of the initiative lacked Article III standing to appeal in federal court based on its established interpretation of the case or controversy clause.
By creating two contradictory marriage regimes within the same State, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect.
By this dynamic DOMA undermines both the public and private significance of state-sanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriages are unworthy of federal recognition.
The Department of Justice did not oppose the motion.