President Obama Talks on the Phone to Edie Windsor
6/26/2013
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When the Supreme Court handed down its decision in the case United States v. Windsor, President Obama called Edie Windsor from Air Force One to congratulate her on her victory. The Court had ruled the Defense of Marriage Act (DOMA, passed in 1996) unconstitutional.
DOMA defined marriage as the union of one man and one woman, allowed states to refuse to recognize same-sex marriages granted under the laws of other states, and prohibited married same-sex couples from collecting Federal benefits.
In 2010, Edith Windsor sued the Federal Government, claiming that DOMA violated the Equal Protection Clause under the Fifth Amendment. Windsor had been married to Thea Spyer. The two women met in New York City in 1963 and soon after began a long-term relationship. They entered a domestic partnership in 1993, when New York Mayor David Dinkins issued an executive order extending that right to same-sex couples, and were married in Ontario, Canada, in 2007.
When Spyer passed away in 2009 due to a heart condition, Windsor attempted to claim a Federal estate tax exemption for surviving spouses, but the IRS rejected her claims because DOMA held that the term "spouse" only applied to marriages between a man and a woman. As a result, Windsor was forced to pay $363,053 in Federal estate taxes.
Windsor sued for a full refund, arguing DOMA violated the Equal Protection Clause under the Fifth Amendment. The case made its way to the Supreme Court, and on June 26, 2013, the Court ruled in Windsor’s favor, deeming DOMA unconstitutional.
Although it did not legalize same-sex marriage, United States v. Windsor was a milestone in the fight for marriage equality. The Justice Department issued a policy memorandum to "formally instruct all Justice Department employees to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law." And the decision made tax benefits previously restricted to opposite-sex couples available to same-sex couples.
However, this ruling only extended to Federal laws; individual states did not have to recognize same-sex marriages.
DOMA defined marriage as the union of one man and one woman, allowed states to refuse to recognize same-sex marriages granted under the laws of other states, and prohibited married same-sex couples from collecting Federal benefits.
In 2010, Edith Windsor sued the Federal Government, claiming that DOMA violated the Equal Protection Clause under the Fifth Amendment. Windsor had been married to Thea Spyer. The two women met in New York City in 1963 and soon after began a long-term relationship. They entered a domestic partnership in 1993, when New York Mayor David Dinkins issued an executive order extending that right to same-sex couples, and were married in Ontario, Canada, in 2007.
When Spyer passed away in 2009 due to a heart condition, Windsor attempted to claim a Federal estate tax exemption for surviving spouses, but the IRS rejected her claims because DOMA held that the term "spouse" only applied to marriages between a man and a woman. As a result, Windsor was forced to pay $363,053 in Federal estate taxes.
Windsor sued for a full refund, arguing DOMA violated the Equal Protection Clause under the Fifth Amendment. The case made its way to the Supreme Court, and on June 26, 2013, the Court ruled in Windsor’s favor, deeming DOMA unconstitutional.
Although it did not legalize same-sex marriage, United States v. Windsor was a milestone in the fight for marriage equality. The Justice Department issued a policy memorandum to "formally instruct all Justice Department employees to give lawful same-sex marriages full and equal recognition, to the greatest extent possible under the law." And the decision made tax benefits previously restricted to opposite-sex couples available to same-sex couples.
However, this ruling only extended to Federal laws; individual states did not have to recognize same-sex marriages.
This primary source comes from the Collection BHO-WHPO: Records of the White House Photo Office (Obama Administration).
Full Citation: President Obama Talks on the Phone to Edie Windsor; 6/26/2013; Presidential Photographs, 1/20/2009 - 1/20/2017; Collection BHO-WHPO: Records of the White House Photo Office (Obama Administration); Barack Obama Presidential Library, Hoffman Estates, IL. [Online Version, https://www.docsteach.org/documents/document/obama-phone-edie-windsor, April 25, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.