United States v. Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.
QUESTION PRESENTED:
Section 3 of the Defense of Marriage Act (DOMA) defines the term “marriage” for all purposes under federal law, including the provision of federal benefits, as “only a legal union between one man and one woman as husband and wife.” 1 U.S.C. 7. It similarly defines the term “spouse” as “a person of the opposite sex who is a husband or a wife.” Ibid. The question presented is:
Whether Section 3 of DOMA violates the Fifth Amendment’s guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State
Source
Merit Briefs
- Brief for the Petitioner, United States on the Jurisdictional Questions
- Brief for the Petitioner, United States on the Merits Question
- Brief for Respondent the Bipartisan Legal Advisory Group of the U.S. House of Representatives (On the merits)
- Brief for Court-Appointed Amica Curiae Addressing Jurisdiction
- Brief for Respondent Edith Schlain Windsor on the Jurisdictional Questions
Amicus Briefs
- Brief for the Beverly Lahaye Institute and the National Legal Foundation, in support of the Respondent, Bipartisan Legal Advisory Group of the United States House of Representatives, Addressing the Merits and Supporting Reversal.
- Brief for Citizens for Responsibility and Ethics in Washington in Support of Respondent Edith Schlain Windsor (Addressing the Merits)
- Brief for Concerned Women for America in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Addressing the Merits)
- Brief for Dovid Z. Schwartz in Support of Respondents Bipartisan Legal Advisory Group of the United States House of Representatives
- Brief for Foundation for Moral Law in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives
- Brief for Liberty Counsel in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Addressing the Merits)
- Brief for Law Professors in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives Addressing the Merits and Supporting Reversal
- Brief for Manhattan Declaration in Support of Respondent Bipartisan Legal Advisory Group and Supporting Reversal (Addressing the Merits)
- Brief for Matthew B. O’Brien in Support of Hollingsworth and Bipartisan Legal Advisory Group of the U.S. House of Representatives Addressing The Merits and Supporting Reversal (also filed in 12-144)
- Brief for National Association of Evangelicals; the Ethics & Religious Liberty Commission of the Southern Baptist Convention; the Church of Jesus Christ of Latter-Day Saints; the Lutheran Church-Missouri Synod; the Romanian-American Evangelical Alliance of North America; and Truth in Action Ministries in Support of Bipartisan Legal Advisory Group of the United States House of Representatives (Addressing the Merits)
- Brief for National Organization for Marriage on the Merits in Support of Respondent Bipartisan Legal Advisory Group
- Brief for the United States Conference of Catholic Bishops in Support of Respondent Bipartisan Legal Advisory Group, Addressing the Merits, and Supporting Reversal
- Brief for Social Science Professors in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-144)
- Brief for the State Of Indiana And 16 Other States in Support Of Respondent The Bipartisan Legal Advisory Group of the U.S. House of Representatives (Addressing the Merits)
- Brief for United States Senators Orrin G. Hatch, Saxby Chambliss, Dan Coats, Thad Cochran, Mike Crapo, Charles Grassley, Lindsey Graham, Mitch McConnell, Richard Shelbe and Roger Wicker in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Addressing the Merits)
- Brief for Chaplain Alliance for Religious Liberty, et al., in Support of the Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal
- Brief for Coalition for the Protection of Marriage in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-144)
- Brief for David Boyle in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives, on the Non-Jurisdictional Issues
- Brief for Eagle Forum Education & Legal Defense Fund, Inc., in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives in Support of Reversal on the Merits
- Brief for the Family Research Council in Support of Respondent Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal
- Brief for Catholic Answers, Christian Legal Society, and Catholic Vote Education Fund in Support of Petitioner Hollingsworth and Respondent Bipartisan Legal Advisory Group and Supporting Reversal (Addressing the Merits) (Also Filed in 12-144)
- Brief for Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute, Public Advocate of the U.S., Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation, Conservative Legal Defense and Education Fund, English First, Protect Marriage Maryland PAC, Delegate Bob Marshall, and Senator Dick Black on the merits in Support of Respondent Bipartisan Legal Advisory Group
- Brief for Dr. Paul McHugh in Support of Hollingsworth and Bipartisan Legal Advocacy Group Addressing the Merits and Supporting Reversal (also filed in 12-144)
- Brief for Liberty, Life and Law Foundation and North Carolina Values Coalition in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-144)
- Brief for Parents and Friends of Ex-Gays & Gays in Support of Hollingsworth and Bipartisan Legal Advisory Group of the U.S. House of Representatives Addressing the Merits and Supporting Reversal (also filed in 12-144)
- Brief for Robert P. George, Sherif Girgis, and Ryan T. Anderson in Support of Hollingsworth and Bipartisan Legal Advisory Group Addressing the Merits and Supporting Reversal (also filed in 12-144)
- Brief for Dovid Z. Schwartz in Support of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Addressing the Merits)
- Brief for Westboro Baptist Church in Support of Neither Party Suggesting Reversal (On Merits Issue)
http://www.americanbar.org/publications/preview_home/12-144.html
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