Monday, July 29, 2013

With Supreme Court Case Against DOMA Done, Edith Windsor Will Soon Get Her Taxes Back


http://www.buzzfeed.com/chrisgeidner/with-supreme-court-case-against-doma-done-edith-windsor-will

Article Photo“Edie will soon receive a check from the IRS for the tax she had to pay solely because she was married to a woman,” her lawyer says. Windsor took her challenge to the Supreme Court, resulting in the landmark ruling that the marriage definition excluding gay couples in the Defense of Marriage Act was unconstitutional.
i don't care what anybody says, Pres. satd change was coming and booyah it's raining change, might not be the change you were looking for but remember you are 1 out of 300 million plus.
WASHINGTON — The Supreme Court has formally ended Edith Windsor’s case against the Defense of Marriage Act, opening the door for the 84-year-old widow to get back the taxes she was forced to pay upon the death of her wife, Thea Spyer, in 2009.
Windsor’s lawyer on Monday morning received a copy of the court’s judgment in the case, which resulted from the court’s June 26 decision that section 3 of DOMA, the federal definition of marriage that excluded gay couples from recognition, was unconstitutional.
“[W]e are obviously delighted that the final chapter of Edie Windsor versus the United States can now be written since Edie will soon receive a check from the IRS for the tax she had to pay solely because she was married to a woman,” Roberta Kaplan, Windsor’s lawyer, told BuzzFeed.
i was never against LGBT's admission into the American dream just never thought i would be such and advocate.
“Our objective from the moment we filed our case back in 2010 was to win judgment in her favor so that Edie Windsor could obtain a refund of the $363,000 estate tax that she was forced to pay under DOMA,” Kaplan told BuzzFeed. “It is now three years later and a lot has happened, including most significantly a landmark decision by the United States Supreme Court making it clear that the marriages of gay people have the same dignity and are entitled to the same respect as the marriages of everyone else.”
In describing the details of Windsor’s case, Justice Anthony Kennedy, who authored the Supreme Court’s June 26 opinion striking down the law, wrote that “Windsor paid $363,053 in estate taxes and sought a refund. The Internal Revenue Service denied the refund, concluding that, under DOMA, Windsor was not a ‘surviving spouse.’”
In the 5-4 decision, however, Kennedy wrote that “DOMA seeks to injure the very class New York” — which recognized Windsor and Spyer’s marriage — “seeks to protect.” Because of that, the court ruled, DOMA “violates basic due process and equal protection principles.”
all the positive rulings the SCOTUS has given up recently still is over shadowed by the voter rights slap in the face, although the others were landmarks this was written in stone and they took a jackhammer to it.