
The United States v. Windsor case was a landmark legal challenge that had a sweeping impact on the rights of same-sex couples in the United States. The case centred around the interpretation of the federal estate tax and the constitutionality of the Defense of Marriage Act (DOMA), specifically its Section 3, which defined marriage as a union between a man and a woman. The Supreme Court's ruling in favour of Windsor, a same-sex spouse denied tax benefits, established a strong constitutional foundation for marriage equality, with far-reaching consequences for federal tax laws and recognition of same-sex marriages. The interpretation of the Constitution in this case, with its emphasis on equality and non-discrimination, set a precedent for challenging state-level same-sex marriage bans and shaping future legal decisions.
| Characteristics | Values |
|---|---|
| Court | Supreme Court |
| Petitioner | United States |
| Respondent | Windsor |
| Issue | Constitutionality of DOMA |
| DOMA Section | 3 |
| DOMA Definition of Marriage | Legal union between one man and one woman |
| DOMA Definition of Spouse | Person of the opposite sex |
| Standard of Review | Heightened scrutiny |
| Ruling | DOMA Section 3 unconstitutional |
| Reasoning | Violation of equal protection principles |
| Impact | Marriage equality, federal tax consequences |
| Subsequent Interpretation | Disputed, varying interpretations |
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What You'll Learn

The interpretation of federalism
Some legal analysts argue that the ruling in Windsor relied heavily on federalism principles. They suggest that the decision affirmed the power of states to regulate and define marriage, while also establishing that the federal government must recognize these marriages and not discriminate against same-sex couples when it comes to federal benefits. This interpretation highlights the balance between state and federal power in defining and recognizing marriages.
On the other hand, some courts and scholars have disputed this interpretation, arguing that Windsor was decided primarily on equal protection grounds. They suggest that the ruling focused on the denial of equal protection to same-sex couples under DOMA, rather than solely on federalism concerns. This interpretation emphasizes the constitutional guarantee of equality and the protection of individuals' rights, regardless of sexual orientation.
The ambiguity in the majority decision in Windsor has led to varying interpretations in subsequent legal decisions addressing state regulation of marriage and the denial of marriage rights to same-sex couples. While some courts have emphasized the federalism aspects of the ruling, others have focused on equal protection, highlighting the ongoing debate surrounding the interpretation of federalism in the case.
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Equal protection under the Fifth Amendment
In the United States v. Windsor case, the Supreme Court found that Section 3 of the Defense of Marriage Act (DOMA) violated the Fifth Amendment's guarantee of equal protection for same-sex partners. The Court held that the Constitution prevented the federal government from treating state-sanctioned heterosexual marriages differently from state-sanctioned same-sex marriages. This interpretation of the Fifth Amendment's equal protection clause was crucial in establishing a constitutional foundation for marriage equality.
The case centred around Edith Windsor, who was barred from claiming the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died in 2009. Despite their marriage being legally recognised in New York, Section 3 of DOMA defined "marriage" and "spouse" as excluding same-sex partners, resulting in Windsor paying $363,053 in estate taxes. Windsor sought a refund, which the Internal Revenue Service denied, leading to the landmark legal case.
The Supreme Court's decision in United States v. Windsor had a significant impact on the legal recognition of same-sex marriages. Within two years of the ruling, 28 district courts and four appeals courts ruled that state-level same-sex marriage bans were unconstitutional. The case also influenced legal interpretations of state regulation of marriage and the denial of marriage rights to same-sex couples, with courts debating the role of federalism and equal protection in these decisions.
The Fifth Amendment's equal protection guarantee was central to the Court's interpretation of DOMA's unconstitutionality. The Court criticised DOMA's system of marriage discrimination as an assault on the Constitution's universal guarantee of equality. It asserted that DOMA's ""principal purpose" was to "impose inequality" and demean same-sex couples, infringing on their constitutional rights. This interpretation set a precedent for future legal challenges to state laws and constitutional amendments that discriminated against same-sex couples.
In conclusion, the United States v. Windsor case exemplified the power of the Fifth Amendment's equal protection clause in ensuring equality for same-sex couples under the law. The Court's interpretation of the Fifth Amendment played a pivotal role in advancing marriage equality and protecting the rights of same-sex couples across the United States.
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The constitutionality of DOMA
In United States v. Windsor, the US Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. The case concerned the interpretation of the federal estate tax, specifically the unlimited marital deduction, which allows a spouse to transfer all assets to their surviving spouse without incurring estate tax liability.
Edith Windsor and Thea Spyer married in Toronto in 2007, where same-sex marriages were legal, and their marriage was recognised by the state of New York. When Spyer died in 2009, she left her entire estate to Windsor. However, the Internal Revenue Service (IRS) denied Windsor the use of a spousal estate tax exception because, under DOMA, the federal government did not recognise same-sex marriages for federal benefits purposes.
The Obama administration did not defend DOMA, so a Bipartisan Legal Advisory Group (BLAG) from the House of Representatives stepped in. The DOJ, which had previously defended Section 3 of DOMA, argued that it could no longer defend the constitutionality of this section under the heightened scrutiny standard of review. This standard requires a rigorous justification for laws that use suspect or semi-suspect classifications, such as race or gender. The United States argued that classifications based on sexual orientation should also be subject to heightened scrutiny, which the government failed to meet.
The Supreme Court agreed, holding that Section 3 of DOMA was unconstitutional because it violated the constitutional principles of equal protection. The Court criticised DOMA's vast system of marriage discrimination as an assault on the Constitution's universal guarantee of equality, explaining that its "principal purpose" was to "impose inequality".
The Windsor decision had sweeping effects, including federal tax consequences. The IRS now recognises the marriages of same-sex couples for federal tax purposes, and terms such as "spouse", "marriage", "husband", "wife", and "husband and wife" in the Internal Revenue Code include same-sex spouses. Married same-sex couples may also amend returns for open tax years, which can result in a refund. Additionally, the decision has opened up estate-planning opportunities for high-net-worth married same-sex couples, who can now take advantage of the unlimited marital deduction and transfer their lifetime exemption.
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The role of the Bipartisan Legal Advisory Group (BLAG)
The Bipartisan Legal Advisory Group (BLAG) is a standing body of the U.S. House of Representatives that has been in place since 1993. It directs the activities of the House Office of General Counsel, which evolved from a low-level position handling routine contracts. BLAG can direct the General Counsel to participate in litigation or file an amicus curiae brief in cases involving the interests of the House.
In the case of US v. Windsor, BLAG intervened to defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA). This was after the Department of Justice (DOJ) declined to defend the Act, stating that it could no longer defend the constitutionality of DOMA Section 3 under the "`heightened scrutiny`" standard of review. BLAG argued that DOMA was not irrationally related to several goals, including the protection of the fisc, uniform administration of federal law, protection of traditional marriage, and the encouragement of "responsible" procreation.
BLAG's participation in the case was seen by the court as a way to ensure proper adversarial argument, even though the principal parties, the administration and Windsor, were not at odds. The Supreme Court agreed to hear the case, asking the parties to address whether BLAG had Article III standing. The Court ultimately held that BLAG did have standing, as it presented substantial arguments for the constitutionality of DOMA that reflected an actual controversy under Article III.
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The standard of review
The Bipartisan Legal Advisory Group (BLAG) from the House of Representatives, on the other hand, argued for a rational basis review. They contended that DOMA served the legitimate government objective of providing a uniform definition of marriage for federal benefits purposes. The rational basis review requires the government to provide a rational justification for the classification used in the law.
The court's decision to apply heightened scrutiny was significant because it recognised that laws discriminating against any group of persons are "odious to a free people whose institutions are founded upon the doctrine of equality." This standard of review played a crucial role in the court's ultimate ruling that Section 3 of DOMA was unconstitutional, violating the constitutional principles of equal protection.
The ambiguity in the majority decision in Windsor has resulted in varying interpretations in subsequent legal decisions addressing state regulation of marriage and the denial of marriage rights to same-sex couples. The impact of the Windsor decision has been far-reaching, with courts across the country ruling on the unconstitutionality of state-level same-sex marriage bans.
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Frequently asked questions
The US v. Windsor case was about the power of the people to govern themselves and the power of the Court to pronounce the law. The case centred around the interpretation of the federal estate tax and the unlimited marital deduction.
The outcome of the US v. Windsor case was that the Court ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional as it violated the constitutional principles of equal protection.
The US v. Windsor case had several implications, including that the Internal Revenue Service (IRS) would now recognise the marriage of same-sex couples for federal tax purposes, and that married same-sex couples could take advantage of estate tax deferral and transferring their lifetime exemption.
The court in US v. Windsor used the interpretation that DOMA’s Section 3 violated the basic constitutional requirement of equality under the law, denying legally married same-sex couples equal rights and benefits. The court held that DOMA’s “principal purpose” was to “impose inequality”.

























