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Windsor Family DivisionVermont Judiciary  Form

Windsor Family DivisionVermont Judiciary Form

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United States v. Windsor. In 1996, Congress passed the Defense of Marriage Act (or otherwise known as DOMA) in response to a movement going on at the time to legalize same-sex marriage. DOMA said that if a same-sex couple got married in one state, another state wouldn’t need to recognize it. DOMA also defined marriage for purposes of federal law as a “union between one man and one woman.” In 2007, two New York women, Edith Windsor and Thea Spyer, decided to go to Ontario, Canada, and get married. They returned to New York, and New York recognized their marriage as legal. In 2009, Spyer died and left everything to Windsor. Windsor tried to claim the estate tax exemption granted to surviving spouses under federal law, but she was denied because of the language in DOMA defining marriage as between a man and a woman. Windsor sued in federal court and argued that the provision in DOMA excluding same-sex couples from the definition of marriage violated the Fifth Amendment. During the l

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