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U.S. vs. Windsor.
The United States Supreme Court just released its opinion in “U.S. vs. Windsor.” The majority of the Court ruled that the Federal Defense of Marriage Act (“DOMA”) is unconstitutional, because it violates the equal liberty of persons that is protected by the 5th Amendment to the Constitution. In the case, Edith Windsor and Thea Spyer were legally wed in Canada, and then moved to New York. When Thea Spyer died, she left her entire estate to Edith Windsor, who sought to claim the Federal estate tax exemption for surviving spouses. However, pursuant to DOMA, Edith Windsor was denied the tax exemption, such that she had to pay an extra $363,000 in taxes. This Supreme Court ruling paves the way for Edith Windsor (and others in the same situation) to now be entitled to the tax exemption.
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