An 83-year-old lesbian who was forced to pay $363,000 in estate taxes because of the defence of Marriage Act is asking the nation’s highest court to strike it down.Edith Schlain Windsor, whose longtime partner died in 2009 of multiple sclerosis, petitioned to fast-track her DOMA challenge to the high court before a federal appeals court has a chance to weigh in, Reuters reported.
A federal judge previously ruled in Windsor’s favour by striking down DOMA as unconstitutional, and the law’s supporters appealed the case to the Second Circuit.
But her lawyers argue the case should go straight to the Supreme Court court, noting Windsor has a heart condition that could kill her before the case is resolved, Reuters reported.
When Spyer died, she left her property to Windsor, Reuters reported.
Under federal law, people can leave property to their spouses, who don’t have to pay estate taxes, according to the ACLU. But because of DOMA, Windsor had to pay $363,000.
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