Edith Windsor and Thea Spyer were married in Toronto, Canada in 2007; their marriage was recognized by the state of New York. In 2009, Thea died and left her estate to spouse Edith, but because their marriage was not recognized by federal law, the government imposed $363,000 in taxes. However, if their marriage would have been recognized by federal law, no taxes would have been imposed because their esate would have qualified for marital exemption.
In November of 2010, Windsor filed suit in court seeking a declaration that DOMA was unconstitutional. This seemed almost impossible because at the time the goverment was in full support of DOMA; however, on February 23, 2011, the President and the Attorney General announced that they would not defend The Defense of Marriage Act. On April 18, 2011, the Bipartisan Legal Advisory Group of the House of Representatives motioned to dismiss the case, but the district court denied the motion, and held that DOMA was unconstitutional. The U.S. Court of Appeals for the Second Circuit affirmed.
By a vote of 5-4, the Supreme Court held that the purpose and effect of DOMA was to create a "disadvantage, a separate status, and so a stigma" of same-sex couples. They ruled that because of this, DOMA was in violation of the 5th Ammendment's guarantee of equal protection.


