Tuesday, July 12, 2011

Edie Windsor Vs. Boehner's Lawyers-- I'm Thinkin' The Old Lady Is Gonna Win

Edie Windsor married her longtime partner, Thea C. Spyer, in 2007 in Toronto, taking advantage of the marriage equality laws just over the border from her native New York. After Spyer passed, Windsor was forced to pay $363,000 in taxes on her inheritance from Spyer, a tax that would have been foregone if the federal government had recognized her marriage to her wife.

Now Edie's pissed, and at 81, is suing the United States for recognition of her union to the late Spyer. The lawsuit has been filed in the US District Court for the Southern District of New York on behalf of Windsor by the ACLU and private attorney Robbie Kaplan. In light of recent events regarding marriage equality in that state, many are hoping the lawsuit will go all the way to the top and have resounding effects for LGBT Americans.

Edie with Joe Sudbay.

Please note that this legal attack on DOMA is, of course, being defended by the US House of Representatives, as per Speaker Boehner's promise. My personal feeling (and Joe Sudbay's from Americablog)? Those poor schmucks don't stand a chance.

Windsor's lawyers are feeling confident enough in their case that they have filed a motion for summary judgment, a motion asking the presiding justice to rule without the case going to trial. I've got my fingers crossed for Edie, as do many others. Go Edie!

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