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Estate Marital Deduction Unconstitutionally Denied to Lesbian Couple

Friday, October 19, 2012
The Second Circuit holds that Section 3 of the Defense of Marriage Act is unconstitutional, because it violates equal protection in a case stemming from the denial of a federal tax law spousal deduction for the surviving spouse of a same-sex couple. In June, the U.S. District Court for the Southern District of New York granted summary judgment to Edith Windsor, and it held that the $363,053 Windsor was required to pay as executor of the estate of her wife, Thea Spyer, was improperly assessed because of the definition of marriage in the Internal Revenue Code required under DOMA.

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