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United States v. Windsor

Published on Nov 23, 2015

An brief analyses of the United States v. Windsor court case in 2013.

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PRESENTATION OUTLINE

1.

UNITED sTATES v. WINDSOR

KELLIE DEUTSCH, WILL MORRIS, DEVIN WITHROW
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2.

CONTEXT

  • 2013
  • Same-sex marriage
  • Defense of Marriage Act (DOMA) - marriage is between a man and a woman
  • Few states recognized same-sex marriage
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3.

FACTS

  • Edith Windsor and Thea Spyer married in Canada, 2007
  • Couple lived in New York
  • Spyer died 2009
  • After tax of $363,000, Windsor claimed exemption from estate tax for surviving spouses
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4.

QUESTION

  • Is DOMA was unconstitutional?
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5.

RULING

  • Windsor won the case
  • 5-4 vote in favor of Windsor
  • Removed section 3 of DOMA because of 5th Amendment
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6.

JUSTIFICATION

  • 5th Amendment guaranteed equal guarantee of natural rights
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7.

MAJORITY OPINION

  • Unconstitutional for federal government to define words such as "marriage" or "spouse"
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8.

MINORITY OPINION

  • Definition of marriage is left to the people
  • People govern themselves
  • Government pronounces the law
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Devin Withrow