Someone dropped a house on DOMA – again

Timothy Kincaid

June 6th, 2012

Okay by now it’s clear that DOMA is pretty much dead and it just doesn’t know it yet.

In the case of Edie Windsor, Federal Judge Barbara S. Jones has now informed the government that it cannot tax Windsor differently than any other widow. In Edie’s case, the ‘gay tax’ charged to her was $363,053.

When Edie’s wife died, Edie inherited her wife’s estate. Now normally, when a spouse inherits no inheritance tax is assessed. However, due to DOMA, gays get special treatment. We get the special right to pay more taxes than straight people (funny, anti-marriage conservatives never talk about this).

But Judge Jones said no. Nope. Nada. Nosireeee. No brainer.

As in “Plaintiff’s motion for summary judgment is granted“.

Which makes this about, oh idunno, the fifth time that a Federal Judge has said that DOMA violated the US Constitution. And after that many whacks in the head by flying floorboards, it’s dead. Grab those shoes and look out for some really angry flying monkeys.

occono

June 6th, 2012

Section 3 is doomed, of course, not the whole thing.

Secret Advocate

June 6th, 2012

My view on these legal questions is a crude but simple one: Can you count to 5?

If five justices of the Supreme Court say that the law is X, it’s X. All of these lower court decisions are just part of the scenery.

Call it brute-force legal realism.

Mark F.

June 6th, 2012

Yes, it’s not dead until five judges on SCOTUS declare it dead.

KZ

June 6th, 2012

When do Republicans in Congress panic and reintroduce the Federal Marriage Amendment again?

Priya Lynn

June 7th, 2012

S.A. said “If five justices of the Supreme Court say that the law is X, it’s X. All of these lower court decisions are just part of the scenery.”.

I don’t know…with all these lower courts coming to the same legal conclusions about the ironically named DOMA I think it unlikely the U.S. supreme court will differ.

Blake

June 7th, 2012

Wait, who is DOMA’s sister?

Donny D.

June 7th, 2012

The lack of federal legislation banning discrimination against TBLG people in housing and employment.

Mark F.

June 8th, 2012

“When do Republicans in Congress panic and reintroduce the Federal Marriage Amendment again?”

It’s well known this has no chance of passing.

Mark F.

June 8th, 2012

“I don’t know…with all these lower courts coming to the same legal conclusions about the ironically named DOMA I think it unlikely the U.S. supreme court will differ.”

SCOTUS often reverses the lower courts

Priya Lynn

June 8th, 2012

I’m aware of that Mark, I just think that when several lower courts come to the same conclusion the U.S. supreme court is a lot less likely to differ as the lower court agreement suggests the legal reasoning is more apparent and sound.

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