N.Y. widow asks Supreme Court to take up DOMA lawsuit

Edie Windsor asks Supreme Court to take up DOMA caseBY CHRIS JOHNSON
Washington Blade

An octogenarian New York lesbian who recently won her case against the Defense of Marriage Act at the district court level is asking the U.S. Supreme Court to take up her lawsuit so that a final ruling can be made in her case.

On Monday, Edith “Edie” Windsor, 83, asked the high court to consider her lawsuit, Windsor v. United States, which challenges Section 3 of DOMA on the basis that it unfairly forced her to pay more than $363,000 dollars in estate taxes upon the death of her spouse, Thea Spyer, in 2009.

Windsor has already had a small victory. On June 6, the U.S. District Court of the Southern District of New York ruled that Windsor should be refunded the $363,000 dollars she paid in taxes. If the Supreme Court takes up the case, it would mean the lawsuit would skip the next more customary step of consideration before the U.S. Second Circuit Court of Appeals, which has already agreed to consider the case on an expedited basis.

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