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WINDSOR v. U.S.

No. 10 CIV. 8435 (BSJ).

833 F.Supp.2d 394 (2012)

Edith Schlain WINDSOR, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, S.D. New York.

June 6, 2012.

Attorney(s) appearing for the Case

Roberta Ann Kaplan , Andrew James Ehrlich , Paul, Weiss, Rifkind, Wharton & Garrison LLP, Alexis Brie Karteron , Arthur Nelson Eisenberg , Melissa Goodman , New York Civil Liberties Union, James Dixon Esseks , ACLU, Rose Ann Saxe , American Civil Liberties Union Foundation, New York, NY, for Plaintiff.

Jean Lin , U.S. Dep't. of Justice, Civil Div., Paul D. Clement , Conor Dugan , H. Christopher Bartolomucci , Bancroft PLLC, Kerry William Kircher , General Counsel, U.S. House of Representatives, Washington, DC, for Defendant.

Order

BARBARA S. JONES, District Judge.

This case arises from Plaintiff's constitutional challenge to section 3 of the Defense of Marriage Act ("DOMA"), the operation of which required Plaintiff to pay federal estate tax on her same-sex spouse's estate, a tax from which similarly situated heterosexual couples are exempt. Plaintiff claims that section 3 deprives her of the equal protection of the laws, as guaranteed by the Fifth Amendment to the United States...

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