Key DOMA Case May Wind Up before the Supreme Court

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The US Second District Court of Appeals in New York City ruled yesterday that the Defense of Marriage Act, deserves what is known as "heightened scrutiny." The case involves Edith Windsor, who married Thea Clara Spyer in Canada five years ago. When Spyer died, Windsor inherited her property but, under DOMA, she could not be considered a surviving spouse. So the IRS demanded $363,000 in taxes, which a heterosexual husband or wife would not have to pay. Will that make the US Supreme Court take up same-sex marriage sooner, rather than later? Doug NeJaime is a professor at the Loyola Law School in Los Angeles, California.




Warren Olney