![]() ![]() Thea died in 2009, leaving her estate to her wife, Windsor. The couple returned to New York, a state which recognized the marriage. Windsor Case BriefĮdith Windsor and Thea Spyer were legally married in Canada in 2007. (2) The federal statute excluding same-sex couples from the definition of marriage is unconstitutional in violation of the Due Process Clause of the Fifth Amendment. The Court held that: (1) The reviewing court has jurisdiction to hear an appeal as long as the party retains a sufficient stake in the outcome satisfying Article III justiciability requirements.The government then appealed to the United States Supreme Court. Windsor brought suit in a district court which held that the federal provision was unconstitutional. ![]() Windsor was denied a federal tax exemption due to the fact the couple was not of the opposite sex.
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