Windsor v. United States

Order

BARBARA S. JONES, District Judge.

This case arises from Plaintiffs constitutional challenge to section 3 of the Defense of Marriage Act (“DOMA”), the operation of which required Plaintiff to pay federal estate tax on her same-sex spouse’s estate, a tax from which similarly situated heterosexual couples are exempt. Plaintiff claims that section 3 deprives her of the equal protection of the laws, as guaranteed by the Fifth Amendment to the United States Constitution. For the following reasons, Defendanb-Intervenor’s motion to dismiss is DENIED and Plaintiffs motion for summary judgment is…