Friday, October 09, 2015
Back in 2009, attorney Roberta Kaplan agreed to represent Edith Windsor, a former computer programmer whose wife of 44 years had recently died, and although they had married legally in Canada, their union was not recognized in the United States, leaving Windsor owing thousands of dollars in estate taxes as the sole heir to her late wife’s holdings. When the case went to court, Roberta’s oral arguments before the justices, led to the landmark decision in which the Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. This decision not only opened the door for many other victories in the fight for LGBT equality but it directly paved the way for the Court’s decision in June that confirmed a Constitutional right to marry for all Americans regardless of sexual orientation or gender identity. Roberta joins me today in studio to discuss her new book Then Comes Marriage: United States v. Windsor and the Defeat of DOMA which offers an intimate account of that victory for equality. You can also follow Roberta on twitter.
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Posted by Signorile at 2:45 PM