American Civil Liberties Union

Election Day is in 15 days and it will be a pivotal moment for LGBT rights. Voters in three states – Maine, Maryland, and Washington – have the opportunity to be the first to grant same-sex couples the freedom to marry, and voters in Minnesota can be the first to defeat a hurtful constitutional amendment to ban marriage for same-sex couples.

Washington is a vote-by-mail state and ballots will be in voters’ mailboxes this week. Washingtoninans can start sending in their ballots to Approve Referendum 74 and secure the freedom to marry for gay and lesbian couples.

Two weeks ago we brought you news about the four states that have marriage-related ballot initiatives this fall. As the election quickly approaches, each of the campaigns in Maine, Maryland, Minnesota, and Washington have begun running television ads that highlight the stories of individuals, religious leaders, and community leaders who support the freedom to marry. These ads show the underlying issue at stake this fall – that marriage, both for straight and gay couples, is about building a life with someone and making a commitment to take care of and love one another.

Marriage for same-sex couples is on the ballot in four states this November, and it will be a pivotal moment for the LGBT movement. In Maine, Maryland and Washington voters have the opportunity to expand the freedom to marry to same-sex couples; and Minnesota voters could make that state the first ever to defeat a constitutional amendment defining marriage as between one man and one woman.  Even a single ballot box win would change the national debate and would reinforce the polls showing growing majorities across the country that support marriage for committed same-sex couples.

Today, we asked the United States Supreme Court to review the ACLU’s challenge to the Defense of Marriage Act on behalf of Edie Windsor.  A federal trial court struck down DOMA last month in Edie's case, holding that it violates the federal constitution.

Asking for Supreme Court review now, even before the federal appeals court decides Edie’s case, is unusual.  In the vast majority of cases, the Supreme Court won’t take a case until there is a federal appellate decision, but in rare circumstances, it can reach down into lower courts and pluck cases for earlier review.  At this point petitions for Supreme Court review have been filed in two other DOMA cases – GLAD’s Gill v. OPM case, which has been decided by the First Circuit, and Lambda Legal’s Golinski v. OPM  case, which, like Windsor v. United States, doesn’t have an appeals court decision yet.

The Court will likely decide the constitutionality of DOMA this coming term, using one or more of these cases as vehicles for addressing the issue.  We filed because we believe that Edie’s story is a strong addition to the striking collection of plaintiffs in the Gill case and to Karen Golinski’s story as well.  Now the Court has three cases, offering a variety of harms, to choose from.

Edie is an 83-year-old lesbian widow who spent 44 years with her partner and then spouse, Thea Spyer.  Over the course of decades, Edie and Thea dealt together with Thea’s multiple sclerosis and the progressive paralysis that it caused, deepening their love and commitment as Thea gradually became a paraplegic.  When Thea died, two short years after they finally married in 2007, Edie learned that she owed the IRS $363,000 in estate taxes on her inheritance from Thea.  When Edie found out that a straight widow wouldn’t have owed a dime, she decided to challenge DOMA in court.  Her case was one of two that prompted the Department of Justice to stop defending the constitutionality of DOMA and instead to acknowledge that it violates the federal constitution.