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Julie Garber

Supreme Court to Decide Whether Same Sex Married Couples Should Have to Pay Federal Estate Taxes

By December 11, 2012

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The U.S. Supreme Court has granted the petition for a writ of certiorari in the case of Windsor v. United States. The questions to be briefed and argued include the following:

  1. Whether Section 3 of the Defense of Marriage Act, 1 U.S.C. 7 ("DOMA"), which defines the term "marriage" for all purposes under federal law as "only a legal union between one man and one woman as husband and wife," deprives same-sex couples who are lawfully married under the laws of their states (such as New York) of the equal protection of the laws, as guaranteed by the Fifth Amendment to the Constitution of the United States.
  2. Whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case.
  3. Whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.

Sources:

For a history of the Windsor v. United States case, refer to the following:

Additional reading:

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