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Parties File With Supreme Court in Same-Sex Marriage Estate Tax Case

Tuesday, February 26, 2013
Several briefs are filed with the U.S. Supreme Court in the Windsor same-sex marriage estate tax case, with two coming from the Obama administration as it seeks to have the Defense of Marriage Act declared unconstitutional. The House Bipartisan Legal Advisory Group (BLAG) also files a brief on the jurisdictional issues, as did respondent Edith Windsor. The case is a federal estate tax case in which the government is challenging the definition of “marriage” in Section 3 of DOMA in the denial of a federal marital estate tax exemption for a woman who was married to a woman. The government argues that sexual orientation is not relevant to legitimate governmental policy
objectives.