Thu 27 Jun, 2013 06:23 am
Some facts about the case, via Yahoo news story...
In 2009, Windsor's partner of 40 years, Thea Spyer, died after a battle with multiple sclerosis. Spyer left her estate to Windsor, but because their marriage was not legally recognized, Windsor was charged $363,053 in estate taxes.
Windsor first sued the United States in November 2010, arguing that DOMA was unconstitutional. In June 2012, the U.S. District Court for the Southern District of New York ruled in favor of Windsor. The case then went to the Second Circuit Court of Appeals. The panel ruled 2-1 in favor of Windsor.
With the Supreme Court's decision to strike down DOMA with a 5-4 ruling, Windsor will finally be eligible for a tax refund, plus interest.
Since the purpose of the lawsuit was the fact that she was charged $363,053 in estate taxes, when a married spouse would not have been charged, how long will it take for all the SINGLE people to start suing the United States on the basis that married people get "special" tax breaks, but they don't? And if they win, will THEY ALSO get reimbursed (with penalties) for all the "EXTRA" money they've been charged over the years?
It is the EXACT same argument!
Single is the same as married?
These words... I do not think they mean what you think they mean.
So if a single person dies they are going to sue because ... oh wait, they're dead.
The Tax code clearly defined benefits of ither single or married states. It did NOT recognize various forms of the married state wrt to the civil rights of the partners.
A single person crrues certain benefits and misses out on others because the person is NOT married. Were the single person to be married as a homosexual, the couple would be DENED their benefits under law.
Its quite clear
Windsor sued the United States on the reasoning that when her lesbian partner of 40 years died and left everything to her, she had to pay the federal government $363,053 in estate taxes. Whereas in a "traditional" marriage arrangement, if a spouse dies, the remaining spouse would not have to pay the estate taxes. She won the case - and will get her money back, plus interest. Therefore, How can it now be legal for the federal government to give ANY tax benefits two a married couple without also offering the SAME tax benefits to a single person. Or for that matter.... How can the federal government allow a church to not pay any taxes when they take in money, but tax every other "organization" that takes in money? Or, how can the federal government now "legally" enforce ANYTHING other than a "flat tax" across the board - so EVERYONE is equal?