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meegbear

(25,438 posts)

12. The Windsor case wil be interesting ...

Fri Dec 7, 2012, 04:40 PM

Dec 2012

<snip>

In 2007, Edith "Edie" Windsor and Thea Spyer, residents of New York, married in Toronto, Ontario, after 40 years of romantic partnership. Spyer died in 2009, at which time New York legally recognized same-sex marriages performed in other jurisdictions. After Spyer's death, Windsor was required to pay more than $363,000 in federal estate taxes on her inheritance. If federal law accorded their marriage the same status as different-sex marriages recognized by their state, she would have paid no taxes.

<snip>

http://en.wikipedia.org/wiki/Windsor_v._United_States

Since the AHA was constitutional because of it being a tax, will they use an unfair tax burden as a way of making DOMA unconstitutional.

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Breaking: US Supreme Court to take up same-sex marriage issue [View all] trailmonkee Dec 2012 OP

Here we go. I'm shaking. Politicub Dec 2012 #1

I'm optimistic, because Berlin Expat Dec 2012 #18

If he's a libertarian, he might take the "states rights" position Ter Dec 2012 #21

That's a very good point Berlin Expat Dec 2012 #29

I'm nervous too Victor_c3 Dec 2012 #39

I look forward to Scalia, Roberts, Alito and Thomas ruling on behalf of the states in the DOMA case. blueclown Dec 2012 #2

It comes down to Kennedy or even Roberts, if he cares about his legacy Politicub Dec 2012 #3

In the case of DOMA, it should be a 9-0 decision. blueclown Dec 2012 #7

I couldn't agree with you more Politicub Dec 2012 #8

Scalia will certainly be in the dissent. AtheistCrusader Dec 2012 #43

Finally. Time to end the discussion. nt onehandle Dec 2012 #4

What, you mean like Roe v Wade was "ended?" malthaussen Dec 2012 #35

very true with you Roe vs Wade statement Victor_c3 Dec 2012 #40

Is this good news for equality? iandhr Dec 2012 #5

I think it's excellent news frazzled Dec 2012 #19

This is why California Le Taz Hot Dec 2012 #6

I'm hopeful and terrified at the same time Politicub Dec 2012 #10

Roberts actually does, as well. closeupready Dec 2012 #13

I kind of feel that way about Roberts, too. Who wants to be the Chief Justice Politicub Dec 2012 #15

I think 7 of them will support gay marriage: JimDandy Dec 2012 #25

Scalia will not side with gay rights. No way, no how. yardwork Dec 2012 #26

I didn't know he was homophobic. JimDandy Dec 2012 #31

His opinions have been full of homophobic vitriole, based on the Bible and "morality" rather than JudyM Dec 2012 #37

Yep obama2terms Dec 2012 #36

Like I said in my other post - this really scares me dballance Dec 2012 #9

I'm pretty scared, too. But the moment is here. Politicub Dec 2012 #11

The Windsor case wil be interesting ... meegbear Dec 2012 #12

This is the case most likely to result in a far-reaching decision to strike down DOMA. yardwork Dec 2012 #27

Ditto to the scared... SoapBox Dec 2012 #14

My gut tells me that Prop 8 will be struck down but that the ruling will be tailored Mr.Turnip Dec 2012 #16

I agree. I also think that there is a good chance that DOMA will be struck down in the other case. yardwork Dec 2012 #28

Wow. Starry Messenger Dec 2012 #17

I believe they must answer this issue for the whole country Sivafae Dec 2012 #20

Post removed Post removed Dec 2012 #22

You support DOMA? lunatica Dec 2012 #24

Justice delayed is justice denied, my friend. Politicub Dec 2012 #30

If they do their job of upholding the Constitution lunatica Dec 2012 #23

Post removed Post removed Dec 2012 #32

They can't rule against this. The Government shouldn't be allowed to Heather MC Dec 2012 #33

right wingers' last chance to keep gays from having the same rights fascisthunter Dec 2012 #34

It is going to come down to Kennedy ripcord Dec 2012 #38

yup, once you realize that gay people are people too I found it harder to hate them Victor_c3 Dec 2012 #41

There are going to be a bunch of important cases announced next year davidpdx Dec 2012 #42

Marriage Equality Supporters Don�t Fear Court Challenge MediaMan Dec 2012 #44