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Justice Department Asks Supreme Court to Prioritize Edie Windsor Case

Justice Department Asks Supreme Court to Prioritize Edie Windsor Case

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The case is one of several DOMA challenges the court has been asked to hear.

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The Department of Justice Friday asked the Supreme Court to prioritize New York lesbian widow Edie Windsor's case among those the court has been asked to hear challenging the Defense of Marriage Act.

Windsor is challenging DOMA, which prohibits federal recognition of same-sex marriages, because of the estate tax she was forced to pay when her wife died. If she had been married to a man, she would not have owed the tax.

U.S. solicitor general Donald Verrilli filed a brief with the court Friday, saying the Windsor case should take precedence among the DOMA cases under consideration, the Washington Blade reports. A federal appeals court recently heard Windsor's case and found DOMA unconstitutional, and also that heightened judicial scrutiny should apply to laws that discriminate on the basis of sexual orientation.

"The application of heightened scrutiny is suggested in the Justice Department [brief] as the reason why the Windsor case should take precedence, although it's not explicitly stated," the Blade reports.

Windsor issued a statement saying she is pleased with the DOJ's action. "It has been a long journey up to this point, and I remain hopeful that I will be alive to see the day soon when justice is done for me and for all other married gay and lesbian couples," she said.

The court is not expected to announce which DOMA challenge it will hear until after the election.

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Trudy Ring

Trudy Ring is The Advocate’s senior politics editor and copy chief. She has been a reporter and editor for daily newspapers and LGBTQ+ weeklies/monthlies, trade magazines, and reference books. She is a political junkie who thinks even the wonkiest details are fascinating, and she always loves to see political candidates who are groundbreaking in some way. She enjoys writing about other topics as well, including religion (she’s interested in what people believe and why), literature, theater, and film. Trudy is a proud “old movie weirdo” and loves the Hollywood films of the 1930s and ’40s above all others. Other interests include classic rock music (Bruce Springsteen rules!) and history. Oh, and she was a Jeopardy! contestant back in 1998 and won two games. Not up there with Amy Schneider, but Trudy still takes pride in this achievement.
Trudy Ring is The Advocate’s senior politics editor and copy chief. She has been a reporter and editor for daily newspapers and LGBTQ+ weeklies/monthlies, trade magazines, and reference books. She is a political junkie who thinks even the wonkiest details are fascinating, and she always loves to see political candidates who are groundbreaking in some way. She enjoys writing about other topics as well, including religion (she’s interested in what people believe and why), literature, theater, and film. Trudy is a proud “old movie weirdo” and loves the Hollywood films of the 1930s and ’40s above all others. Other interests include classic rock music (Bruce Springsteen rules!) and history. Oh, and she was a Jeopardy! contestant back in 1998 and won two games. Not up there with Amy Schneider, but Trudy still takes pride in this achievement.