Friend-of-the-Court Briefs to Be Filed in Support of DOMA Challenge

For Immediate Release

Contact: 

Robyn Shepherd, ACLU national, (212) 519-7829 or 549-2666; media@aclu.org
Renée Soto/Meghan Stafford, Sard Verbinnen & Co, (212) 687-8080
Jennifer Carnig, New York Civil Liberties Union, (212) 607-3363 / (845) 553-0349

Friend-of-the-Court Briefs to Be Filed in Support of DOMA Challenge

New York City, Three States, Members of Congress, NAACP-LDF and Other Groups to File Briefs in Support of Edie Windsor

NEW YORK - More than fifteen parties – including New York City, three states, members of Congress, civil rights groups and religious organizations – plan to file briefs today in support of Edith “Edie” Windsor’s constitutional challenge to the Defense of Marriage Act (DOMA).

After the death of her spouse Thea Spyer, Windsor was forced to pay more than $360,000 in estate taxes that she would not have had to pay had she been married to a man instead of a woman. Windsor sued the federal government for failing to recognize her marriage. She is represented by attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP; the American Civil Liberties Union; the New York Civil Liberties Union and the Stanford Law School Supreme Court Litigation Clinic.

In June, a federal district judge in New York ruled in Windsor’s favor that section three of DOMA does “not pass constitutional muster.” Today’s briefs were filed in the U.S. Court of Appeals for the Second Circuit, which will hear arguments in the case on Sept. 27.

“The number and scope of the parties supporting Edie’s case illustrate the breadth of the harms that DOMA inflicts on married same-sex couples,” said James Esseks, director of the ACLU Lesbian Gay Bisexual and Transgender Project. “It is time for the courts to bring an end to this discriminatory law once and for all.”

Some of the groups filing in support of Windsor include:

Local governments including the city of New York; and the states of New York, Connecticut and Vermont;
145 members of the U.S. House of Representatives, spearheaded by House Judiciary Committee members Jerrold Nadler and John Conyers, Jr., along with Barney Frank, Tammy Baldwin, Jared Polis, David N. Cicilline and Democratic leaders Nancy Pelosi, Steny H. Hoyer and James E. Clyburn;
The Partnership for New York City, a group of CEOs from New York City’s leading businesses;
The NAACP Legal Defense and Educational Fund;
Bar associations, labor unions and civil rights, religious, cultural and LGBT organizations;
Social workers and national mental health and medical organizations;
Professors of U.S. history, family law, and family and child welfare law.

“New York is home to more married same-sex couples than any other state,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “It only makes sense that our state and local governments would join the dozens of other groups supporting this case. No committed family should be relegated to second-class status.”

Windsor recently petitioned the Supreme Court of the United States to hear her case as well. The Court has yet to announce whether it will hear this case or any other challenge to DOMA.

A full list of parties filing briefs can be found here:
www.aclu.org/lgbt-rights/windsor-vs-us-list-amici

For more information on this case, please visit www.aclu.org/edie

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The American Civil Liberties Union (ACLU) conserves America's original civic values working in courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to every person in the United States by the Constitution and the Bill of Rights.

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