Is the average American tax payer aware that Republican Speaker of the House John Boehner keeps using their tax dollars to pay independent lawyers to defend the Defense of Marriage Act (after the Obama administration refused to), even though they lose EVERY TIME DOMA is brought under judicial review?
The mind boggles.
Anyway, DOMA has once again been ruled unconstitutional by a federal judge, this time in the case of Edie Windsor who was forced to pay a $353,053 estate tax bill after the death of her wife.
If her marriage had been recognized by the federal government the tax would not have applied, hence showing the discriminatory aspects of DOMA. More after the jump!
According to The New Civil Rights Movement, "The judge ordered a refund of of the taxes plus interest, noting 'section 3 of the Defense of Marriage Act … is unconstitutional as applied to Plaintiff.' This is the fifth federal court to strike down DOMA."
Lawyer Paul Clement, fought the case on behalf of the US federal government as part of his $1.5 million retainer (a retainer paid for entirely by our tax dollars).
Clement argued that Edie Windsor’s homosexuality was a “choice.” This apparently means that because she "chose" to marry a woman, she shouldn't have the same legal protections another widow that chose to marry a man.
Did we mention that Edie is 83 years old? It must be awesome to actively try to bankrupt an elderly widow as punishment for a relationship that she's been in since the 1960's.
The federal judge has ordered a refund of the $353,053 tax, plus interest.
For her part, Windsor says, “Thea and I shared our lives together for 44 years, and I miss her each and every day. It’s thrilling to have a court finally recognize how unfair it is for the government to have treated us as though we were strangers.”
Stay classy, government.