Today, U.S. Rep. Castor and 211 other Congress members filed a historic Amicus Brief in support of the position that Supreme Court should rule to strike down Section 3 of the defense of Marriage Act (DOMA). Over the last few years, Rep. Castor has joined many other briefs in state challenges and is proud to take the fight to the federal level.

A total of 172 House members and 40 Senate members signed onto the brief, which explains why they believe that Section 3 of DOMA is unconstitutional. As the brief explains:  “DOMA imposes a sweeping and unjustifiable federal disability on married same-sex couples.”

In Edith “Edie” Windsor’s case, the federal government taxed Edie more than $363,000 when her spouse, Thea Spyer, passed away in 2009.  The couple, constituents of Rep. Nadler in New York City, first met in 1965 and married in 2007, after an engagement that lasted more than 40 years.  Yet, when Thea died, the federal government treated them as complete strangers because of DOMA, significantly reducing Edie’s inheritance by denying her protections from the estate tax that other married couples receive.  Edie, who is now 83 years old, challenged DOMA as a violation of equal protection.  The federal district court in New York City and the Second Circuit Court of Appeals ruled in her favor, holding that DOMA violates the Fifth Amendment’s equal protection guarantee. 

The Members’ brief, available here, urges the Supreme Court to uphold the Second Circuit’s decision.  It adds the unique perspective of Members of Congress – including some who voted against DOMA and others who voted for it – about the enactment of DOMA and why Section 3 is unconstitutional. 

Gay and lesbian couples can now marry in nine states and the District of Columbia, and 18,000 such couples remain legally married in California.  It is clear that DOMA does not rationally serve and, in fact, undermines, Congress’s legitimate interests in the welfare of American families.

As the Congressional amici point out to the court: “The goal of maximizing the financial well-being and independence of widows is not furthered by depriving Edie Windsor and others like her of the estate-tax exemption that other married Americans receive.  The policy of encouraging employers to provide family health benefits is not served either by denying to employers the tax deduction for providing those benefits to married gay and lesbian couples or by refusing to cover spouses of gay and lesbian federal employees. Our national security is undermined by denying spousal benefits to gay and lesbian servicemembers, especially during periods of armed conflict.  Our veterans are dishonored when we deny them the right to have their spouses buried alongside them in our national cemeteries.”

Full text of amicus brief