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The federal government must recognize same-sex marriages that have been approved by the states. in which the United States Supreme Court held that restricting U. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment; Justice Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity." Edith Windsor (born 1929) and Thea Spyer (October 8, 1931 – February 5, 2009), a same-sex couple residing in New York, were lawfully married in Toronto, Canada, in 2007.Lou was also preceded in death by two daughters, Belva Jean Hicks and Sarah Helms, two brothers, John Cunningham and William “Dick” Cunningham, and by three sisters, Ruby Lee Bankson, Gladys Schakel, and Opal Ragland.[…] Lisa Mc Coy Sanford right here: […] What I'd like to know is why the hell does Ruba Borno always use the title "Dr.On November 9, 2010, Windsor sued the federal government in the U. District Court for the Southern District of New York, seeking a refund because DOMA singled out legally married same-sex couples for "differential treatment compared to other similarly situated couples without justification." On February 23, 2011, U. Attorney General Eric Holder announced that the Department of Justice would not defend the constitutionality of Section 3 in Windsor. Supreme Court to review the decision, and the Court issued a writ of certiorari in December 2012. The decision effectively allowed same-sex marriages in that state to resume after the court ruled that the proponents of the initiative lacked Article III standing to appeal in federal court based on its established interpretation of the case or controversy clause.On April 18, 2011, Paul Clement, representing the Bipartisan Legal Advisory Group (BLAG), intervened to defend the law. Jones ruled that Section 3 of DOMA was unconstitutional under the due process guarantees of the Fifth Amendment affirmed the district court's judgment on October 18, 2012. After Spyer's death in 2009, Windsor was required to pay 3,053 in federal estate taxes on her inheritance of her wife's estate.