DOMA Plaintiff Edith Windsor Requests Supreme Court Review Of Her Case

Edith Windsor, 83, who is in poor health, has asked the Supreme Court to bypass the lower appeals court and hear her case.

On Monday, lawyers filed a petition on behalf of Edith "Edie" Windsor, an 83-year-old lesbian from New York, asking the Supreme Court to review her case, thus bypassing a second round in the 2nd Circuit Court of Appeals, where the case is scheduled to appear next. Earlier this month, the Obama administration asked the high court to review two other cases challenging DOMA's constitutionality. With Windsor's petition, there are now three cases, from three of the most significant gay marriage states, that could challenge DOMA at the Supreme Court as early as next spring, if the court consents to hear them. Windsor sued the government in 2010, after the death of her partner of more than 40 years forced Windsor to pay more than $363,000 in federal estate tax on her partner's estate.

The ACLU writes via press release:

“Edie Windsor, who recently celebrated her 83rd birthday, suffers from a serious heart condition,” said Roberta Kaplan, a partner at Paul Weiss and counsel to Windsor. “Because the District Court’s ruling in her favor is entitled to an automatic stay of enforcement, Edie cannot yet receive a refund of the unconstitutional estate tax that she was forced to pay simply for being gay. The constitutional injury inflicted on Edie should be remedied within her lifetime.” “The impact of DOMA is felt most dramatically today here in New York,” said NYCLU executive director Donna Lieberman.

The ACLU adds that Windsor will continue to defend herself in the Second Circuit Court of Appeals while she awaits a response from the Supreme Court, which has been hit with several other DOMA-related requests in the last month.