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Newest employment law cases Summaries and links to full text |
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Newest employment law cases Summaries and links to full text |
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United States Supreme Court Employment Law Cases
All pending employment law cases - click here |
United States v.
Windsor (12-307)
ISSUE: Constitutionality of Defense
of Marriage Act; jurisdiction; standing
Oral argument scheduled for March 27, 2013
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This case directly involves only federal estate
taxes, yet it is expected to have an impact on many employee benefits. Windsor
was lawfully married to her same-sex partner who died and left her estate to
Windsor. The Internal Revenue Service refused to recognize the marriage for
purposes of allowing property to pass from a decedent to a surviving spouse free
of estate taxes. This was based on the Defense of Marriage Act (DOMA) Section 3,
which defines “marriage” and “spouse” for all
purposes under federal law to exclude marriages between persons of the same sex,
including marriages recognized under state law. A federal district court
concluded that DOMA section 3 violates the equal protection guarantee of the 5th
amendment; the 2nd Circuit affirmed.
The US Supreme Court granted certiorari
to decide (1) 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, (2)
whether the Executive Branch’s agreement with the court below that DOMA is
unconstitutional deprives the Supreme Court of jurisdiction to decide this case;
and (3) whether the Bipartisan Legal Advisory Group of the United States House
of Representatives has Article III standing in this case. The
US Supreme Court granted certiorari to review the 2nd Circuit judgment.
Case below: Windsor
v. United States (2nd Cir 10/18/2012)
Questions presented in petition for certiorari:
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.
Questions added by the US Supreme Court: Whether the Executive Branch’s agreement with the
court below that DOMA is unconstitutional deprives the Supreme Court of
jurisdiction to decide this case. Whether the Bipartisan Legal Advisory Group of the
United States House of Representatives has Article III standing in this case.
Certiorari Documents:
Counsel:
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