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The Supreme Court Case: United States v. Windsor - Legal Analysis and Outcomes

At a Glance

Title: The Supreme Court Case: United States v. Windsor - Legal Analysis and Outcomes

Total Categories: 6

Category Stats

  • Background and Legal Context of *United States v. Windsor*: 6 flashcards, 9 questions
  • Constitutional Arguments and Judicial Review: 8 flashcards, 11 questions
  • The Supreme Court's Majority Opinion and Ruling: 10 flashcards, 12 questions
  • Dissenting Opinions and Legal Disagreements: 6 flashcards, 8 questions
  • Impact and Legacy of the *Windsor* Decision: 15 flashcards, 21 questions
  • Procedural Aspects and Key Legal Actors: 9 flashcards, 10 questions

Total Stats

  • Total Flashcards: 54
  • True/False Questions: 45
  • Multiple Choice Questions: 26
  • Total Questions: 71

Instructions

Click the button to expand the instructions for how to use the Wiki2Web Teacher studio in order to print, edit, and export data about The Supreme Court Case: United States v. Windsor - Legal Analysis and Outcomes

Welcome to Your Curriculum Command Center

This guide will turn you into a Wiki2web Studio power user. Let's unlock the features designed to give you back your weekends.

The Core Concept: What is a "Kit"?

Think of a Kit as your all-in-one digital lesson plan. It's a single, portable file that contains every piece of content for a topic: your subject categories, a central image, all your flashcards, and all your questions. The true power of the Studio is speed—once a kit is made (or you import one), you are just minutes away from printing an entire set of coursework.

Getting Started is Simple:

  • Create New Kit: Start with a clean slate. Perfect for a brand-new lesson idea.
  • Import & Edit Existing Kit: Load a .json kit file from your computer to continue your work or to modify a kit created by a colleague.
  • Restore Session: The Studio automatically saves your progress in your browser. If you get interrupted, you can restore your unsaved work with one click.

Step 1: Laying the Foundation (The Authoring Tools)

This is where you build the core knowledge of your Kit. Use the left-side navigation panel to switch between these powerful authoring modules.

⚙️ Kit Manager: Your Kit's Identity

This is the high-level control panel for your project.

  • Kit Name: Give your Kit a clear title. This will appear on all your printed materials.
  • Master Image: Upload a custom cover image for your Kit. This is essential for giving your content a professional visual identity, and it's used as the main graphic when you export your Kit as an interactive game.
  • Topics: Create the structure for your lesson. Add topics like "Chapter 1," "Vocabulary," or "Key Formulas." All flashcards and questions will be organized under these topics.

🃏 Flashcard Author: Building the Knowledge Blocks

Flashcards are the fundamental concepts of your Kit. Create them here to define terms, list facts, or pose simple questions.

  • Click "➕ Add New Flashcard" to open the editor.
  • Fill in the term/question and the definition/answer.
  • Assign the flashcard to one of your pre-defined topics.
  • To edit or remove a flashcard, simply use the ✏️ (Edit) or ❌ (Delete) icons next to any entry in the list.

✍️ Question Author: Assessing Understanding

Create a bank of questions to test knowledge. These questions are the engine for your worksheets and exams.

  • Click "➕ Add New Question".
  • Choose a Type: True/False for quick checks or Multiple Choice for more complex assessments.
  • To edit an existing question, click the ✏️ icon. You can change the question text, options, correct answer, and explanation at any time.
  • The Explanation field is a powerful tool: the text you enter here will automatically appear on the teacher's answer key and on the Smart Study Guide, providing instant feedback.

🔗 Intelligent Mapper: The Smart Connection

This is the secret sauce of the Studio. The Mapper transforms your content from a simple list into an interconnected web of knowledge, automating the creation of amazing study guides.

  • Step 1: Select a question from the list on the left.
  • Step 2: In the right panel, click on every flashcard that contains a concept required to answer that question. They will turn green, indicating a successful link.
  • The Payoff: When you generate a Smart Study Guide, these linked flashcards will automatically appear under each question as "Related Concepts."

Step 2: The Magic (The Generator Suite)

You've built your content. Now, with a few clicks, turn it into a full suite of professional, ready-to-use materials. What used to take hours of formatting and copying-and-pasting can now be done in seconds.

🎓 Smart Study Guide Maker

Instantly create the ultimate review document. It combines your questions, the correct answers, your detailed explanations, and all the "Related Concepts" you linked in the Mapper into one cohesive, printable guide.

📝 Worksheet & 📄 Exam Builder

Generate unique assessments every time. The questions and multiple-choice options are randomized automatically. Simply select your topics, choose how many questions you need, and generate:

  • A Student Version, clean and ready for quizzing.
  • A Teacher Version, complete with a detailed answer key and the explanations you wrote.

🖨️ Flashcard Printer

Forget wrestling with table layouts in a word processor. Select a topic, choose a cards-per-page layout, and instantly generate perfectly formatted, print-ready flashcard sheets.

Step 3: Saving and Collaborating

  • 💾 Export & Save Kit: This is your primary save function. It downloads the entire Kit (content, images, and all) to your computer as a single .json file. Use this to create permanent backups and share your work with others.
  • ➕ Import & Merge Kit: Combine your work. You can merge a colleague's Kit into your own or combine two of your lessons into a larger review Kit.

You're now ready to reclaim your time.

You're not just a teacher; you're a curriculum designer, and this is your Studio.

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Text content is available under the Creative Commons Attribution-ShareAlike 4.0 License (opens in new tab). Additional terms may apply.

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Study Guide: The Supreme Court Case: United States v. Windsor - Legal Analysis and Outcomes

Study Guide: The Supreme Court Case: United States v. Windsor - Legal Analysis and Outcomes

Background and Legal Context of *United States v. Windsor*

Edith Windsor initiated the lawsuit after being denied a federal estate tax exemption following the death of her spouse, Thea Spyer.

Answer: True

Edith Windsor initiated the lawsuit after being denied the federal estate tax exemption for surviving spouses following the death of her wife, Thea Spyer, due to Section 3 of DOMA's non-recognition of their marriage.

Related Concepts:

  • What was the basis for Edith Windsor's initial lawsuit against the federal government?: Edith Windsor's lawsuit stemmed from her denial of the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died, due to Section 3 of DOMA's non-recognition of their New York-recognized marriage.
  • Who was Edith Windsor, and what was her role in the Supreme Court case *United States v. Windsor*?: Edith Windsor, the plaintiff, was a same-sex spouse whose marriage to Thea Spyer was recognized by New York State. Following Spyer's death, Windsor was denied the federal estate tax exemption for surviving spouses due to Section 3 of DOMA, prompting her lawsuit.
  • What was the financial consequence for Edith Windsor due to DOMA after her wife's death?: Following her wife Thea Spyer's death, Edith Windsor faced a federal estate tax liability of $363,053 because DOMA prevented federal recognition of their marriage, thus disqualifying her from the unlimited spousal deduction.

The Defense of Marriage Act (DOMA) was enacted in 1996 and defined marriage solely as a union between one woman and one man for state-level recognition.

Answer: False

The Defense of Marriage Act (DOMA) was enacted in 1996, defining marriage for federal purposes as a union between one man and one woman, not solely for state-level recognition.

Related Concepts:

  • What was the Defense of Marriage Act (DOMA) and which specific section was challenged in this case?: The Defense of Marriage Act (DOMA), enacted in 1996, defined marriage for all federal purposes as a union between one man and one woman. Section 3 of DOMA was specifically challenged for denying federal recognition to same-sex marriages legally performed in states that recognized them.
  • What specific federal statute was declared unconstitutional by the Supreme Court in *United States v. Windsor*?: The Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7, unconstitutional.

Edith Windsor paid over $300,000 in estate taxes because DOMA prevented federal recognition of her marriage, thus disqualifying her from the spousal deduction.

Answer: True

Edith Windsor incurred an estate tax liability exceeding $300,000 because DOMA prevented federal recognition of her marriage, thus disqualifying her from the spousal deduction.

Related Concepts:

  • What was the financial consequence for Edith Windsor due to DOMA after her wife's death?: Following her wife Thea Spyer's death, Edith Windsor faced a federal estate tax liability of $363,053 because DOMA prevented federal recognition of their marriage, thus disqualifying her from the unlimited spousal deduction.
  • What was the basis for Edith Windsor's initial lawsuit against the federal government?: Edith Windsor's lawsuit stemmed from her denial of the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died, due to Section 3 of DOMA's non-recognition of their New York-recognized marriage.
  • Who was Edith Windsor, and what was her role in the Supreme Court case *United States v. Windsor*?: Edith Windsor, the plaintiff, was a same-sex spouse whose marriage to Thea Spyer was recognized by New York State. Following Spyer's death, Windsor was denied the federal estate tax exemption for surviving spouses due to Section 3 of DOMA, prompting her lawsuit.

Edith Windsor and Thea Spyer were married in New York State before same-sex marriage was legal there.

Answer: False

Edith Windsor and Thea Spyer were married in Toronto, Canada, at a time when same-sex marriage was not yet legal in their home state of New York.

Related Concepts:

  • What is the significance of Edith Windsor's marriage being performed in Toronto, Canada?: Edith Windsor and Thea Spyer married in Toronto, Canada, where same-sex marriage was legal. This marriage, subsequently recognized by New York State, formed the basis of Windsor's challenge to DOMA's denial of federal estate tax exemption.
  • What was the basis for Edith Windsor's initial lawsuit against the federal government?: Edith Windsor's lawsuit stemmed from her denial of the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died, due to Section 3 of DOMA's non-recognition of their New York-recognized marriage.
  • What was the financial consequence for Edith Windsor due to DOMA after her wife's death?: Following her wife Thea Spyer's death, Edith Windsor faced a federal estate tax liability of $363,053 because DOMA prevented federal recognition of their marriage, thus disqualifying her from the unlimited spousal deduction.

Edith Windsor's lawsuit was based on being denied the federal spousal deduction for income tax purposes.

Answer: False

Edith Windsor's lawsuit was based on being denied the federal spousal deduction for *estate tax* purposes, not income tax purposes.

Related Concepts:

  • What was the basis for Edith Windsor's initial lawsuit against the federal government?: Edith Windsor's lawsuit stemmed from her denial of the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died, due to Section 3 of DOMA's non-recognition of their New York-recognized marriage.
  • What was the financial consequence for Edith Windsor due to DOMA after her wife's death?: Following her wife Thea Spyer's death, Edith Windsor faced a federal estate tax liability of $363,053 because DOMA prevented federal recognition of their marriage, thus disqualifying her from the unlimited spousal deduction.
  • Who was Edith Windsor, and what was her role in the Supreme Court case *United States v. Windsor*?: Edith Windsor, the plaintiff, was a same-sex spouse whose marriage to Thea Spyer was recognized by New York State. Following Spyer's death, Windsor was denied the federal estate tax exemption for surviving spouses due to Section 3 of DOMA, prompting her lawsuit.

Who was Edith Windsor, and what was the basis for her lawsuit against the federal government?

Answer: She was a same-sex spouse denied federal estate tax exemption benefits after her wife's death due to DOMA Section 3.

Edith Windsor, the plaintiff, was a same-sex spouse whose marriage to Thea Spyer was recognized by New York State. Following Spyer's death, Windsor was denied the federal estate tax exemption for surviving spouses due to Section 3 of DOMA, prompting her legal challenge.

Related Concepts:

  • What was the basis for Edith Windsor's initial lawsuit against the federal government?: Edith Windsor's lawsuit stemmed from her denial of the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died, due to Section 3 of DOMA's non-recognition of their New York-recognized marriage.
  • Who was Edith Windsor, and what was her role in the Supreme Court case *United States v. Windsor*?: Edith Windsor, the plaintiff, was a same-sex spouse whose marriage to Thea Spyer was recognized by New York State. Following Spyer's death, Windsor was denied the federal estate tax exemption for surviving spouses due to Section 3 of DOMA, prompting her lawsuit.

Which specific section of the Defense of Marriage Act (DOMA) was declared unconstitutional in *United States v. Windsor*?

Answer: Section 3, which defined marriage for all federal purposes as a union between one man and one woman.

Section 3 of DOMA, which defined marriage for all federal purposes as a legal union between one man and one woman, was the provision declared unconstitutional by the Supreme Court in *United States v. Windsor*.

Related Concepts:

  • What was the Defense of Marriage Act (DOMA) and which specific section was challenged in this case?: The Defense of Marriage Act (DOMA), enacted in 1996, defined marriage for all federal purposes as a union between one man and one woman. Section 3 of DOMA was specifically challenged for denying federal recognition to same-sex marriages legally performed in states that recognized them.
  • What was the central legal question addressed in the Supreme Court case *United States v. Windsor*?: The central legal question concerned the constitutionality of Section 3 of DOMA, specifically whether its federal definition of marriage as a union between one man and one woman violated the Fifth Amendment's guarantee of equal protection for legally married same-sex couples.
  • Which federal court first ruled Section 3 of DOMA unconstitutional in Windsor's case?: The U.S. District Court for the Southern District of New York was the initial federal court to declare Section 3 of DOMA unconstitutional in the context of Windsor's case.

What specific financial penalty did Edith Windsor face due to DOMA following her wife's death?

Answer: She was required to pay over $363,000 in federal estate taxes.

Edith Windsor was compelled to pay over $363,000 in federal estate taxes because DOMA prevented the recognition of her marriage, thus disqualifying her from the unlimited spousal deduction.

Related Concepts:

  • What was the financial consequence for Edith Windsor due to DOMA after her wife's death?: Following her wife Thea Spyer's death, Edith Windsor faced a federal estate tax liability of $363,053 because DOMA prevented federal recognition of their marriage, thus disqualifying her from the unlimited spousal deduction.
  • What was the basis for Edith Windsor's initial lawsuit against the federal government?: Edith Windsor's lawsuit stemmed from her denial of the federal estate tax exemption for surviving spouses after her wife, Thea Spyer, died, due to Section 3 of DOMA's non-recognition of their New York-recognized marriage.
  • What is the significance of Edith Windsor's marriage being performed in Toronto, Canada?: Edith Windsor and Thea Spyer married in Toronto, Canada, where same-sex marriage was legal. This marriage, subsequently recognized by New York State, formed the basis of Windsor's challenge to DOMA's denial of federal estate tax exemption.

What was the significance of Edith Windsor's marriage being performed in Toronto, Canada?

Answer: It allowed them to legally marry at a time when it was not permitted in their home state of New York.

Marrying in Toronto, Canada, where same-sex marriage was legal, allowed Edith Windsor and Thea Spyer to enter into a legally recognized marriage at a time when such unions were not permitted in their home state of New York.

Related Concepts:

  • What is the significance of Edith Windsor's marriage being performed in Toronto, Canada?: Edith Windsor and Thea Spyer married in Toronto, Canada, where same-sex marriage was legal. This marriage, subsequently recognized by New York State, formed the basis of Windsor's challenge to DOMA's denial of federal estate tax exemption.

Constitutional Arguments and Judicial Review

The Supreme Court case *United States v. Windsor* primarily concerned whether Section 3 of the Defense of Marriage Act (DOMA) violated the Equal Protection Clause.

Answer: True

The central legal question in *United States v. Windsor* concerned the constitutionality of Section 3 of DOMA, specifically whether its federal definition of marriage as a union between one man and one woman violated the Fifth Amendment's guarantee of equal protection for legally married same-sex couples.

Related Concepts:

  • What was the central legal question addressed in the Supreme Court case *United States v. Windsor*?: The central legal question concerned the constitutionality of Section 3 of DOMA, specifically whether its federal definition of marriage as a union between one man and one woman violated the Fifth Amendment's guarantee of equal protection for legally married same-sex couples.

The Supreme Court's ruling against DOMA Section 3 was primarily based on the First Amendment's freedom of religion.

Answer: False

The Supreme Court's ruling against DOMA Section 3 was primarily based on the Fifth Amendment's Due Process Clause, which includes an equal protection guarantee, rather than the First Amendment.

Related Concepts:

  • What was the primary constitutional basis for the Supreme Court's ruling against DOMA Section 3?: The Supreme Court's ruling against DOMA Section 3 was primarily based on the Fifth Amendment's Due Process Clause, finding that the law violated the implicit equal protection guarantee by discriminating against legally married same-sex couples.
  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What was the role of the Fifth Amendment's Due Process Clause in the Supreme Court's decision?: The Supreme Court held DOMA Section 3 unconstitutional under the Fifth Amendment's Due Process Clause, asserting that the protected liberty inherently includes equal protection, which DOMA's discriminatory classification violated.

The Second Circuit Court of Appeals applied the rational basis review standard to Section 3 of DOMA.

Answer: False

The Second Circuit Court of Appeals applied intermediate scrutiny to Section 3 of DOMA, a standard higher than rational basis review.

Related Concepts:

  • What standard of review did the Second Circuit Court of Appeals apply when reviewing DOMA Section 3?: The Second Circuit Court of Appeals applied intermediate scrutiny to DOMA Section 3, finding it unconstitutional under the Fifth Amendment's equal protection guarantees because it could not satisfy this heightened standard of review.
  • What was the primary constitutional basis for the Supreme Court's ruling against DOMA Section 3?: The Supreme Court's ruling against DOMA Section 3 was primarily based on the Fifth Amendment's Due Process Clause, finding that the law violated the implicit equal protection guarantee by discriminating against legally married same-sex couples.
  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.

The Ninth Circuit Court of Appeals ruled that laws discriminating based on sexual orientation only needed to pass rational basis review.

Answer: False

The Ninth Circuit Court of Appeals ruled that laws discriminating based on sexual orientation require a standard of review higher than rational basis review.

Related Concepts:

  • What did the Ninth Circuit Court of Appeals rule regarding sexual orientation and jury selection, citing *Windsor*?: The Ninth Circuit Court of Appeals ruled that classifications based on sexual orientation are subject to review higher than rational basis, and that *Windsor* established this heightened scrutiny, prohibiting discriminatory practices like peremptory strikes based on sexual orientation.

The Supreme Court held that Section 3 of DOMA violated the First Amendment's Establishment Clause.

Answer: False

The Supreme Court held that Section 3 of DOMA violated the Fifth Amendment's Due Process Clause, which includes an equal protection guarantee, not the First Amendment's Establishment Clause.

Related Concepts:

  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What specific federal statute was declared unconstitutional by the Supreme Court in *United States v. Windsor*?: The Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7, unconstitutional.
  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.

The *Windsor* ruling expanded the interpretation of "liberty" under the Fifth Amendment to include freedom from discrimination based on sexual orientation.

Answer: True

The *Windsor* ruling expanded the interpretation of "liberty" under the Fifth Amendment to include protection against federal discrimination based on sexual orientation and marital status.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.

The Supreme Court found that DOMA Section 3 violated the Equal Protection component of the Fifth Amendment's Due Process Clause.

Answer: True

The Supreme Court found that DOMA Section 3 violated the Equal Protection component implicitly guaranteed by the Fifth Amendment's Due Process Clause.

Related Concepts:

  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What was the role of the Fifth Amendment's Due Process Clause in the Supreme Court's decision?: The Supreme Court held DOMA Section 3 unconstitutional under the Fifth Amendment's Due Process Clause, asserting that the protected liberty inherently includes equal protection, which DOMA's discriminatory classification violated.
  • What was the primary constitutional basis for the Supreme Court's ruling against DOMA Section 3?: The Supreme Court's ruling against DOMA Section 3 was primarily based on the Fifth Amendment's Due Process Clause, finding that the law violated the implicit equal protection guarantee by discriminating against legally married same-sex couples.

What was the central legal issue adjudicated in the Supreme Court case *United States v. Windsor*?

Answer: Whether Section 3 of DOMA, which defined marriage federally as between one man and one woman, violated the Fifth Amendment's equal protection guarantee.

The central legal issue concerned the constitutionality of Section 3 of DOMA, specifically whether its federal definition of marriage as a union between one man and one woman violated the Fifth Amendment's guarantee of equal protection for legally married same-sex couples.

Related Concepts:

  • What was the central legal question addressed in the Supreme Court case *United States v. Windsor*?: The central legal question concerned the constitutionality of Section 3 of DOMA, specifically whether its federal definition of marriage as a union between one man and one woman violated the Fifth Amendment's guarantee of equal protection for legally married same-sex couples.
  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.
  • Who authored the majority opinion in *United States v. Windsor*, and which justices joined him?: Justice Anthony Kennedy authored the majority opinion in *United States v. Windsor*, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.

Which constitutional amendment served as the primary basis for the Supreme Court's ruling in *Windsor*?

Answer: The Fifth Amendment, including its guarantee of due process and equal protection.

The Supreme Court's ruling in *Windsor* was primarily based on the Fifth Amendment to the U.S. Constitution, specifically its Due Process Clause, which implicitly includes a guarantee of equal protection against federal discrimination.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.

What standard of judicial review did the Second Circuit Court of Appeals apply to DOMA Section 3?

Answer: Intermediate scrutiny, a standard higher than rational basis review.

The Second Circuit Court of Appeals applied intermediate scrutiny to DOMA Section 3, finding it unconstitutional under the Fifth Amendment's equal protection guarantees because it could not satisfy this heightened standard of review.

Related Concepts:

  • What standard of review did the Second Circuit Court of Appeals apply when reviewing DOMA Section 3?: The Second Circuit Court of Appeals applied intermediate scrutiny to DOMA Section 3, finding it unconstitutional under the Fifth Amendment's equal protection guarantees because it could not satisfy this heightened standard of review.
  • What was the primary constitutional basis for the Supreme Court's ruling against DOMA Section 3?: The Supreme Court's ruling against DOMA Section 3 was primarily based on the Fifth Amendment's Due Process Clause, finding that the law violated the implicit equal protection guarantee by discriminating against legally married same-sex couples.

How did the Supreme Court's interpretation of the Fifth Amendment's Due Process Clause evolve in *Windsor*?

Answer: It affirmed that the clause inherently includes a guarantee of equal protection against federal discrimination.

The *Windsor* decision affirmed that the 'liberty' protected by the Fifth Amendment's Due Process Clause inherently encompasses a guarantee of equal protection against federal discrimination.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.

The Supreme Court's Majority Opinion and Ruling

The Supreme Court ruled 6-3 that Section 3 of DOMA was constitutional, upholding the federal definition of marriage.

Answer: False

The Supreme Court ruled 5-4 that Section 3 of DOMA was unconstitutional, thereby striking down the federal definition of marriage.

Related Concepts:

  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What specific federal statute was declared unconstitutional by the Supreme Court in *United States v. Windsor*?: The Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7, unconstitutional.
  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.

Justice Elena Kagan authored the majority opinion in the United States v. Windsor decision.

Answer: False

Justice Anthony Kennedy authored the majority opinion in the *United States v. Windsor* decision; Justice Elena Kagan was one of the justices who joined the majority.

Related Concepts:

  • Who authored the majority opinion in *United States v. Windsor*, and which justices joined him?: Justice Anthony Kennedy authored the majority opinion in *United States v. Windsor*, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.

The Supreme Court stated that DOMA Section 3 validated the dignity of same-sex relationships by providing a clear federal standard.

Answer: False

The Supreme Court stated that DOMA Section 3 conveyed a message of "disparag[ing] and injur[ing]" legally married same-sex couples, thereby diminishing their dignity, rather than validating their relationships.

Related Concepts:

  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.
  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What did the Supreme Court mean when it stated that DOMA "demeans the couple"?: The Court meant that DOMA's refusal to recognize legally performed same-sex marriages conveyed a message of lesser worth, diminishing the dignity and personhood of these couples and infringing upon their Fifth Amendment liberty.

When the Supreme Court said DOMA "demeans the couple," it referred to the financial burden imposed by estate taxes.

Answer: False

When the Supreme Court stated DOMA "demeans the couple," it referred to the governmental message of inequality and injury conveyed by denying recognition to their marriages, not solely the financial burden.

Related Concepts:

  • What did the Supreme Court mean by stating that DOMA "writes inequality into the entire United States Code"?: The Court meant that DOMA's discriminatory definition permeated over 1,000 federal statutes and numerous regulations, creating systemic inequality across various aspects of federal law, not just the estate tax.
  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.
  • What was the financial consequence for Edith Windsor due to DOMA after her wife's death?: Following her wife Thea Spyer's death, Edith Windsor faced a federal estate tax liability of $363,053 because DOMA prevented federal recognition of their marriage, thus disqualifying her from the unlimited spousal deduction.

The Supreme Court declared Section 7 of the Defense of Marriage Act (DOMA) unconstitutional.

Answer: False

The Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, not Section 7.

Related Concepts:

  • What specific federal statute was declared unconstitutional by the Supreme Court in *United States v. Windsor*?: The Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7, unconstitutional.
  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What was the role of the Fifth Amendment's Due Process Clause in the Supreme Court's decision?: The Supreme Court held DOMA Section 3 unconstitutional under the Fifth Amendment's Due Process Clause, asserting that the protected liberty inherently includes equal protection, which DOMA's discriminatory classification violated.

The Court stated DOMA "writes inequality into the entire United States Code" because it only affected estate tax law.

Answer: False

The Court stated DOMA "writes inequality into the entire United States Code" because its discriminatory definition affected over a thousand federal statutes and regulations, not just estate tax law.

Related Concepts:

  • What did the Supreme Court mean by stating that DOMA "writes inequality into the entire United States Code"?: The Court meant that DOMA's discriminatory definition permeated over 1,000 federal statutes and numerous regulations, creating systemic inequality across various aspects of federal law, not just the estate tax.
  • What specific federal statute was cited as being controlled by DOMA, illustrating its broad reach?: The majority opinion highlighted that DOMA affected over 1,000 federal statutes and numerous regulations, impacting areas from Social Security to veterans' benefits, demonstrating its pervasive reach.
  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.

The *Windsor* decision established that the federal government must recognize same-sex marriages legally performed by the states.

Answer: True

The *Windsor* decision established that the federal government must recognize same-sex marriages legally performed by the states.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • What was the significance of the Supreme Court's decision in *Windsor* for the concept of "marriage equality"?: The *Windsor* decision was a pivotal moment for marriage equality, affirming the dignity and equality of same-sex marriages and laying crucial groundwork for the nationwide legalization in *Obergefell v. Hodges*.

DOMA Section 3 prevented federal protections against assault or murder of a family member from applying to same-sex spouses.

Answer: True

DOMA Section 3 prevented federal protections against assault or murder of a family member from applying to same-sex spouses, as highlighted in the majority opinion.

Related Concepts:

  • What specific federal protection was rendered inapplicable to same-sex spouses due to DOMA, as mentioned in the majority opinion?: The majority opinion noted that DOMA Section 3 rendered federal protections against assault, kidnapping, or murder of a family member inapplicable to same-sex spouses, even if legally married.
  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.

The Supreme Court's decision in *Windsor* established that state laws defining marriage were supreme over federal recognition.

Answer: False

The Supreme Court's decision in *Windsor* established that the federal government must recognize state-sanctioned same-sex marriages, not that state laws were supreme over federal recognition in this context.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • What was the significance of the Supreme Court's decision in *Windsor* for the concept of "marriage equality"?: The *Windsor* decision was a pivotal moment for marriage equality, affirming the dignity and equality of same-sex marriages and laying crucial groundwork for the nationwide legalization in *Obergefell v. Hodges*.

What was the Supreme Court's final determination regarding Section 3 of DOMA?

Answer: It was declared unconstitutional by a 5-4 majority.

The Supreme Court ruled 5-4 that Section 3 of DOMA was unconstitutional, thereby invalidating the federal definition of marriage that excluded same-sex couples.

Related Concepts:

  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What specific federal statute was declared unconstitutional by the Supreme Court in *United States v. Windsor*?: The Supreme Court declared Section 3 of the Defense of Marriage Act (DOMA), codified at 1 U.S.C. § 7, unconstitutional.
  • What was the role of the Fifth Amendment's Due Process Clause in the Supreme Court's decision?: The Supreme Court held DOMA Section 3 unconstitutional under the Fifth Amendment's Due Process Clause, asserting that the protected liberty inherently includes equal protection, which DOMA's discriminatory classification violated.

According to the Supreme Court's majority opinion, what was the effect of DOMA Section 3 on legally married same-sex couples?

Answer: It created two tiers of marriage, disparaging and injuring those recognized by states but not the federal government.

The Supreme Court found that DOMA Section 3 created two tiers of marriage, disparaging and injuring legally married same-sex couples by conveying a message that their unions were less worthy than heterosexual marriages.

Related Concepts:

  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.
  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What was the primary constitutional basis for the Supreme Court's ruling against DOMA Section 3?: The Supreme Court's ruling against DOMA Section 3 was primarily based on the Fifth Amendment's Due Process Clause, finding that the law violated the implicit equal protection guarantee by discriminating against legally married same-sex couples.

What did the Supreme Court mean by stating that DOMA "writes inequality into the entire United States Code"?

Answer: DOMA's discriminatory definition affected over a thousand federal statutes and regulations.

The Court meant that DOMA's discriminatory definition permeated over 1,000 federal statutes and numerous regulations, creating systemic inequality across various aspects of federal law, not just the estate tax.

Related Concepts:

  • What did the Supreme Court mean by stating that DOMA "writes inequality into the entire United States Code"?: The Court meant that DOMA's discriminatory definition permeated over 1,000 federal statutes and numerous regulations, creating systemic inequality across various aspects of federal law, not just the estate tax.
  • How did the Supreme Court describe the effect of DOMA Section 3 on same-sex couples?: The Supreme Court characterized DOMA Section 3 as "disparag[ing] and injur[ing]" legally married same-sex couples, creating a "second-tier marriage" that diminished their dignity and stability.
  • What specific federal statute was cited as being controlled by DOMA, illustrating its broad reach?: The majority opinion highlighted that DOMA affected over 1,000 federal statutes and numerous regulations, impacting areas from Social Security to veterans' benefits, demonstrating its pervasive reach.

Dissenting Opinions and Legal Disagreements

Justice Scalia argued in his dissent that the Supreme Court lacked jurisdiction because the government had conceded the case.

Answer: True

Justice Scalia argued in his dissent that the Supreme Court lacked jurisdiction because the executive branch had conceded the case, leaving no genuine dispute.

Related Concepts:

  • What was Justice Scalia's main argument in his dissenting opinion regarding the Court's power to decide the case?: Justice Scalia argued the Court lacked jurisdiction due to the absence of a "real dispute" after the government conceded the case. He further contended the Court lacked constitutional authority to invalidate democratically enacted legislation like DOMA.

In his dissent, Justice Scalia suggested the majority opinion was primarily driven by concerns about federalism and states' rights.

Answer: False

In his dissent, Justice Scalia primarily argued about the Court's jurisdiction and the invalidation of democratically enacted legislation, while Chief Justice Roberts' dissent focused more on federalism concerns.

Related Concepts:

  • What was the argument regarding federalism in the dissenting opinions concerning DOMA?: Chief Justice Roberts' dissent argued the majority decision was rooted in federalism, asserting federal interference with traditional state authority over marriage definition. Justice Scalia also acknowledged federalism as a key element in Roberts' critique.
  • What was Chief Justice Roberts' primary focus in his dissenting opinion?: Chief Justice Roberts' dissent primarily focused on federalism, arguing the majority opinion encroached upon the traditional state authority to define marriage.
  • What legal principle did Justice Scalia invoke when arguing that the Court should not invalidate democratically adopted legislation?: Justice Scalia invoked the principle of democratic self-governance, arguing that the Court should not usurp the legislative power of elected representatives by invalidating democratically adopted laws like DOMA.

Justice Scalia argued that the Supreme Court's decision invalidated the democratic process by striking down DOMA.

Answer: True

Justice Scalia argued that the Supreme Court's decision invalidated the democratic process by usurping the legislative authority to enact DOMA.

Related Concepts:

  • What legal principle did Justice Scalia invoke when arguing that the Court should not invalidate democratically adopted legislation?: Justice Scalia invoked the principle of democratic self-governance, arguing that the Court should not usurp the legislative power of elected representatives by invalidating democratically adopted laws like DOMA.
  • What was Justice Scalia's main argument in his dissenting opinion regarding the Court's power to decide the case?: Justice Scalia argued the Court lacked jurisdiction due to the absence of a "real dispute" after the government conceded the case. He further contended the Court lacked constitutional authority to invalidate democratically enacted legislation like DOMA.
  • What did Justice Scalia mean when he said the Supreme Court "has cheated both sides"?: Justice Scalia believed the Court had "cheated both sides" by failing to provide clear jurisdictional grounds and a definitive resolution, leaving the legal landscape uncertain.

Justice Scalia believed the Supreme Court's handling of the *Windsor* case provided a clear and definitive resolution for all parties.

Answer: False

Justice Scalia believed the Supreme Court's handling of the *Windsor* case created uncertainty and "cheated both sides," rather than providing a clear and definitive resolution.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • How did the Supreme Court's decision in *Windsor* relate to the later case of *Obergefell v. Hodges*?: The *Windsor* decision was a critical precursor to *Obergefell v. Hodges*, which subsequently established a nationwide right to same-sex marriage based on the Fourteenth Amendment's Due Process and Equal Protection Clauses.

In his dissenting opinion, Justice Scalia argued that the Supreme Court lacked the power to rule on the case primarily because:

Answer: The government had conceded the law was unconstitutional, leaving no actual dispute.

Justice Scalia contended that the Court lacked jurisdiction due to the absence of a "real dispute" after the government conceded the issue, and he further argued the Court lacked constitutional authority to invalidate democratically enacted legislation like DOMA.

Related Concepts:

  • What was Justice Scalia's main argument in his dissenting opinion regarding the Court's power to decide the case?: Justice Scalia argued the Court lacked jurisdiction due to the absence of a "real dispute" after the government conceded the case. He further contended the Court lacked constitutional authority to invalidate democratically enacted legislation like DOMA.

What was the primary focus of Chief Justice Roberts' dissenting opinion?

Answer: That the ruling improperly infringed upon the traditional authority of states to define marriage (federalism).

Chief Justice Roberts' dissent primarily focused on federalism, arguing the majority opinion encroached upon the traditional state authority to define marriage.

Related Concepts:

  • What was Chief Justice Roberts' primary focus in his dissenting opinion?: Chief Justice Roberts' dissent primarily focused on federalism, arguing the majority opinion encroached upon the traditional state authority to define marriage.

What legal principle did Chief Justice Roberts emphasize in his dissent?

Answer: The importance of federalism and states' traditional role in defining marriage.

Chief Justice Roberts' dissent emphasized the principle of federalism, arguing that the Court's decision improperly infringed upon the traditional authority of states to define marriage.

Related Concepts:

  • What was Chief Justice Roberts' primary focus in his dissenting opinion?: Chief Justice Roberts' dissent primarily focused on federalism, arguing the majority opinion encroached upon the traditional state authority to define marriage.

What did Justice Scalia believe was the fundamental problem with the Supreme Court invalidating DOMA?

Answer: It usurped the democratic process and the power of elected representatives.

Justice Scalia argued that the Court's invalidation of DOMA represented an overreach of judicial power, usurping the democratic process and the authority of elected representatives.

Related Concepts:

  • What legal principle did Justice Scalia invoke when arguing that the Court should not invalidate democratically adopted legislation?: Justice Scalia invoked the principle of democratic self-governance, arguing that the Court should not usurp the legislative power of elected representatives by invalidating democratically adopted laws like DOMA.
  • What was Justice Scalia's main argument in his dissenting opinion regarding the Court's power to decide the case?: Justice Scalia argued the Court lacked jurisdiction due to the absence of a "real dispute" after the government conceded the case. He further contended the Court lacked constitutional authority to invalidate democratically enacted legislation like DOMA.
  • What did Justice Scalia mean when he said the Supreme Court "has cheated both sides"?: Justice Scalia believed the Court had "cheated both sides" by failing to provide clear jurisdictional grounds and a definitive resolution, leaving the legal landscape uncertain.

Impact and Legacy of the *Windsor* Decision

President Obama praised the Windsor ruling, calling it a setback for marriage equality.

Answer: False

President Obama praised the *Windsor* ruling, calling it a "victory for American democracy," not a setback for marriage equality.

Related Concepts:

  • What was the immediate impact of the *Windsor* decision on federal benefits for same-sex couples?: Following the *Windsor* decision, the federal government began extending federal rights, privileges, and benefits to legally married same-sex couples, impacting areas such as Social Security, employee benefits, and tax filings.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • How did President Obama react to the Supreme Court's decision in *United States v. Windsor*?: President Obama hailed the ruling as a "victory for American democracy" and supported the extension of federal benefits to legally married same-sex couples.

The Windsor decision immediately led to the extension of federal benefits to legally married same-sex couples.

Answer: True

The *Windsor* decision immediately prompted the federal government to begin extending benefits and rights to legally married same-sex couples.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What specific federal benefits were impacted by the *Windsor* ruling for same-sex married couples?: The *Windsor* ruling made numerous federal benefits accessible to legally married same-sex couples, including estate tax exemptions, Social Security benefits, federal employee benefits, immigration, bankruptcy protections, and veterans' benefits.
  • What was the immediate impact of the *Windsor* decision on federal benefits for same-sex couples?: Following the *Windsor* decision, the federal government began extending federal rights, privileges, and benefits to legally married same-sex couples, impacting areas such as Social Security, employee benefits, and tax filings.

The Windsor ruling had little impact on subsequent legal challenges to state-level same-sex marriage bans.

Answer: False

The *Windsor* ruling significantly influenced subsequent legal challenges to state-level same-sex marriage bans, providing a strong foundation for those arguments.

Related Concepts:

  • How did the *Windsor* ruling influence subsequent legal challenges to state-level same-sex marriage bans?: The *Windsor* ruling significantly influenced subsequent legal challenges, providing a strong foundation for courts to rule state-level same-sex marriage bans unconstitutional within two years.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.

The Supreme Court's decision in *Kitchen v. Herbert* found that *Windsor* did not affect prior rulings on same-sex marriage.

Answer: False

The decision in *Kitchen v. Herbert* found that *Windsor* represented a significant legal development that rendered prior rulings, such as *Baker v. Nelson*, no longer controlling regarding same-sex marriage.

Related Concepts:

  • How did the ruling in *Kitchen v. Herbert* interpret the significance of *Windsor* regarding *Baker v. Nelson*?: In *Kitchen v. Herbert*, the court determined that *Windsor* constituted a significant "doctrinal development" that rendered the precedent of *Baker v. Nelson* obsolete, thereby invalidating state-level same-sex marriage prohibitions based on equal protection principles.
  • How did the Supreme Court's decision in *Windsor* relate to the later case of *Obergefell v. Hodges*?: The *Windsor* decision was a critical precursor to *Obergefell v. Hodges*, which subsequently established a nationwide right to same-sex marriage based on the Fourteenth Amendment's Due Process and Equal Protection Clauses.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.

The Windsor ruling was a key precedent that directly led to the nationwide legalization of same-sex marriage in Obergefell v. Hodges.

Answer: True

The *Windsor* ruling was a crucial precedent that directly contributed to the nationwide legalization of same-sex marriage established in *Obergefell v. Hodges*.

Related Concepts:

  • What was the significance of the Supreme Court's decision in *Windsor* for the concept of "marriage equality"?: The *Windsor* decision was a pivotal moment for marriage equality, affirming the dignity and equality of same-sex marriages and laying crucial groundwork for the nationwide legalization in *Obergefell v. Hodges*.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • How did the Supreme Court's decision in *Windsor* relate to the later case of *Obergefell v. Hodges*?: The *Windsor* decision was a critical precursor to *Obergefell v. Hodges*, which subsequently established a nationwide right to same-sex marriage based on the Fourteenth Amendment's Due Process and Equal Protection Clauses.

The Windsor ruling primarily affected state-level marriage recognition and benefits.

Answer: False

The *Windsor* ruling primarily affected federal recognition and benefits for same-sex couples, not state-level marriage recognition itself.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What specific federal benefits were impacted by the *Windsor* ruling for same-sex married couples?: The *Windsor* ruling made numerous federal benefits accessible to legally married same-sex couples, including estate tax exemptions, Social Security benefits, federal employee benefits, immigration, bankruptcy protections, and veterans' benefits.
  • How did the *Windsor* ruling influence subsequent legal challenges to state-level same-sex marriage bans?: The *Windsor* ruling significantly influenced subsequent legal challenges, providing a strong foundation for courts to rule state-level same-sex marriage bans unconstitutional within two years.

The *Windsor* decision allowed same-sex couples to file joint federal tax returns.

Answer: True

The *Windsor* decision enabled same-sex couples to file joint federal tax returns, among other federal benefits previously denied.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* impact the ability of same-sex couples to file joint federal tax returns?: As a consequence of the *Windsor* decision, legally married same-sex couples became eligible to file joint federal tax returns with the IRS, a benefit previously unavailable due to DOMA.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.

The Supreme Court's decision in *Hollingsworth v. Perry*, issued the same day, upheld California's ban on same-sex marriage.

Answer: False

The Supreme Court's decision in *Hollingsworth v. Perry*, issued the same day, allowed same-sex marriages to resume in California, effectively overturning the state's ban.

Related Concepts:

  • What was the significance of the Supreme Court's decision in *Hollingsworth v. Perry* being issued on the same day as *Windsor*?: The Supreme Court's decision in *Hollingsworth v. Perry*, issued concurrently with *Windsor*, effectively permitted same-sex marriages to resume in California by addressing the constitutionality of Proposition 8.

The term "doctrinal developments" refers to the evolution of legal principles that *Windsor* superseded, like the earlier ruling in *Baker v. Nelson*.

Answer: True

The term "doctrinal developments" refers to the evolution of legal principles that *Windsor* superseded, effectively rendering prior rulings like *Baker v. Nelson* no longer controlling.

Related Concepts:

  • What is the significance of the term "doctrinal developments" in relation to *Windsor* and *Baker v. Nelson*?: "Doctrinal developments" refers to the evolution of legal principles. In *Windsor*, it signifies how the Court's reasoning superseded prior interpretations, rendering rulings like *Baker v. Nelson* obsolete.
  • How did the ruling in *Kitchen v. Herbert* interpret the significance of *Windsor* regarding *Baker v. Nelson*?: In *Kitchen v. Herbert*, the court determined that *Windsor* constituted a significant "doctrinal development" that rendered the precedent of *Baker v. Nelson* obsolete, thereby invalidating state-level same-sex marriage prohibitions based on equal protection principles.
  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.

The *Windsor* decision meant that same-sex couples were only recognized for federal benefits if they lived in a state that recognized their marriage.

Answer: False

The *Windsor* decision meant that same-sex couples were recognized for federal benefits regardless of whether they lived in a state that recognized their marriage, provided the marriage was legally performed where entered.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What specific federal benefits were impacted by the *Windsor* ruling for same-sex married couples?: The *Windsor* ruling made numerous federal benefits accessible to legally married same-sex couples, including estate tax exemptions, Social Security benefits, federal employee benefits, immigration, bankruptcy protections, and veterans' benefits.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.

The Supreme Court's decision in *Windsor* was seen as a crucial step towards the nationwide recognition of same-sex marriage.

Answer: True

The Supreme Court's decision in *Windsor* was a crucial step towards the nationwide recognition of same-sex marriage, laying essential groundwork for *Obergefell v. Hodges*.

Related Concepts:

  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the Supreme Court's decision in *Windsor* for the concept of "marriage equality"?: The *Windsor* decision was a pivotal moment for marriage equality, affirming the dignity and equality of same-sex marriages and laying crucial groundwork for the nationwide legalization in *Obergefell v. Hodges*.

The *Windsor* ruling led to the Family and Medical Leave Act (FMLA) definition of 'spouse' being updated to include same-sex marriages.

Answer: True

The *Windsor* ruling led to the Family and Medical Leave Act (FMLA) definition of 'spouse' being updated to include same-sex marriages, extending FMLA protections.

Related Concepts:

  • How did the *Windsor* ruling affect the definition of "spouse" for federal benefits under the Family and Medical Leave Act (FMLA)?: Following *Windsor*, the Department of Labor amended the FMLA's definition of "spouse" to include same-sex marriages, extending leave rights and job protections regardless of the state of residence, provided the marriage was legally recognized where entered.
  • What specific federal benefits were impacted by the *Windsor* ruling for same-sex married couples?: The *Windsor* ruling made numerous federal benefits accessible to legally married same-sex couples, including estate tax exemptions, Social Security benefits, federal employee benefits, immigration, bankruptcy protections, and veterans' benefits.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.

The lawsuit *De Leon v. Perry* argued that states should be allowed to discriminate against same-sex couples if the federal government could.

Answer: False

The lawsuit *De Leon v. Perry* argued that states should *not* be allowed to discriminate against same-sex couples if the federal government was prohibited from doing so by *Windsor*.

Related Concepts:

  • What was the argument in *De Leon v. Perry* that framed the lawsuit in terms of *Windsor*?: In *De Leon v. Perry*, the argument posited that if the federal government was prohibited from discriminating against same-sex couples by *Windsor*, then states should similarly be barred from doing so through their marriage bans.

How did President Obama respond to the Supreme Court's decision in *United States v. Windsor*?

Answer: He called it a victory for democracy and supported extending federal benefits.

President Obama hailed the *Windsor* ruling as a "victory for American democracy" and affirmed his administration's commitment to extending federal benefits to legally married same-sex couples.

Related Concepts:

  • Who authored the majority opinion in *United States v. Windsor*, and which justices joined him?: Justice Anthony Kennedy authored the majority opinion in *United States v. Windsor*, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.
  • What was the immediate impact of the *Windsor* decision on federal benefits for same-sex couples?: Following the *Windsor* decision, the federal government began extending federal rights, privileges, and benefits to legally married same-sex couples, impacting areas such as Social Security, employee benefits, and tax filings.

What was a significant immediate consequence of the *Windsor* decision?

Answer: The federal government began extending benefits and rights to legally married same-sex couples.

A significant immediate consequence of the *Windsor* decision was the federal government's commencement of extending rights, privileges, and benefits to legally married same-sex couples.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.

How did the *Windsor* ruling influence later court decisions regarding state-level same-sex marriage bans?

Answer: It provided a strong legal foundation for challenging state bans as unconstitutional.

The *Windsor* ruling provided substantial legal precedent and reasoning that empowered subsequent challenges to state-level same-sex marriage bans, contributing significantly to their eventual invalidation.

Related Concepts:

  • How did the *Windsor* ruling influence subsequent legal challenges to state-level same-sex marriage bans?: The *Windsor* ruling significantly influenced subsequent legal challenges, providing a strong foundation for courts to rule state-level same-sex marriage bans unconstitutional within two years.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.

In *Kitchen v. Herbert*, the court used the *Windsor* decision to argue that:

Answer: The precedent of *Baker v. Nelson* was no longer controlling due to significant legal changes.

In *Kitchen v. Herbert*, the court determined that *Windsor* constituted a significant "doctrinal development" that rendered the prior summary dismissal in *Baker v. Nelson* obsolete, thereby invalidating state-level same-sex marriage prohibitions based on equal protection principles.

Related Concepts:

  • How did the ruling in *Kitchen v. Herbert* interpret the significance of *Windsor* regarding *Baker v. Nelson*?: In *Kitchen v. Herbert*, the court determined that *Windsor* constituted a significant "doctrinal development" that rendered the precedent of *Baker v. Nelson* obsolete, thereby invalidating state-level same-sex marriage prohibitions based on equal protection principles.

The Supreme Court's decision in *Windsor* is considered a major precursor to which later landmark case?

Answer: Obergefell v. Hodges

The *Windsor* decision is widely regarded as a critical precursor to *Obergefell v. Hodges*, the landmark case that established a nationwide right to same-sex marriage.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* relate to the later case of *Obergefell v. Hodges*?: The *Windsor* decision was a critical precursor to *Obergefell v. Hodges*, which subsequently established a nationwide right to same-sex marriage based on the Fourteenth Amendment's Due Process and Equal Protection Clauses.
  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.

Which of the following was NOT a federal benefit impacted by the *Windsor* ruling?

Answer: Eligibility for state-issued driver's licenses

The *Windsor* ruling impacted federal benefits such as Social Security survivor benefits, federal employee health insurance, and estate tax exemptions. Eligibility for state-issued driver's licenses is a state matter and was not directly affected by this federal ruling.

Related Concepts:

  • What specific federal benefits were impacted by the *Windsor* ruling for same-sex married couples?: The *Windsor* ruling made numerous federal benefits accessible to legally married same-sex couples, including estate tax exemptions, Social Security benefits, federal employee benefits, immigration, bankruptcy protections, and veterans' benefits.
  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • How did the Supreme Court's decision in *Windsor* impact the ability of same-sex couples to file joint federal tax returns?: As a consequence of the *Windsor* decision, legally married same-sex couples became eligible to file joint federal tax returns with the IRS, a benefit previously unavailable due to DOMA.

What was the practical outcome of the *Windsor* ruling for same-sex couples regarding federal law?

Answer: It required the federal government to recognize legally valid same-sex marriages for all federal purposes.

The practical outcome of the *Windsor* ruling was that the federal government was mandated to recognize legally valid same-sex marriages for all federal purposes, including benefits and protections.

Related Concepts:

  • What was the practical effect of the Supreme Court's decision on same-sex couples living in states that did not recognize their marriages?: Post-*Windsor*, legally married same-sex couples gained federal recognition and access to benefits irrespective of their state of residence, even if that state did not recognize their marriage.
  • What was the significance of the *Windsor* decision for the legal status of same-sex marriage in the United States?: The *Windsor* decision was a landmark ruling that dismantled a key federal barrier to same-sex marriage recognition, affirming that federal law must respect state-sanctioned marriages and advancing broader acceptance.
  • What specific federal benefits were impacted by the *Windsor* ruling for same-sex married couples?: The *Windsor* ruling made numerous federal benefits accessible to legally married same-sex couples, including estate tax exemptions, Social Security benefits, federal employee benefits, immigration, bankruptcy protections, and veterans' benefits.

The Supreme Court's decision in *Hollingsworth v. Perry*, issued the same day as *Windsor*, had what effect?

Answer: It allowed same-sex marriages to resume in California.

The decision in *Hollingsworth v. Perry*, issued concurrently with *Windsor*, effectively permitted same-sex marriages to resume in California by ruling that the proponents of Proposition 8 lacked standing to appeal.

Related Concepts:

  • What was the significance of the Supreme Court's decision in *Hollingsworth v. Perry* being issued on the same day as *Windsor*?: The Supreme Court's decision in *Hollingsworth v. Perry*, issued concurrently with *Windsor*, effectively permitted same-sex marriages to resume in California by addressing the constitutionality of Proposition 8.
  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.

Procedural Aspects and Key Legal Actors

The Second Circuit Court of Appeals was the first federal court to rule Section 3 of DOMA unconstitutional in Windsor's case.

Answer: False

The U.S. District Court for the Southern District of New York was the first federal court to rule Section 3 of DOMA unconstitutional in Windsor's case, not the Second Circuit Court of Appeals.

Related Concepts:

  • Which federal court first ruled Section 3 of DOMA unconstitutional in Windsor's case?: The U.S. District Court for the Southern District of New York was the initial federal court to declare Section 3 of DOMA unconstitutional in the context of Windsor's case.
  • What was the argument made by Windsor's legal team regarding DOMA's impact on the "integrity and closeness of their own family"?: Windsor's legal team argued DOMA undermined family integrity by creating a "second-tier marriage" status, causing instability and public humiliation.
  • What standard of review did the Second Circuit Court of Appeals apply when reviewing DOMA Section 3?: The Second Circuit Court of Appeals applied intermediate scrutiny to DOMA Section 3, finding it unconstitutional under the Fifth Amendment's equal protection guarantees because it could not satisfy this heightened standard of review.

The Department of Justice actively defended Section 3 of DOMA throughout the lower court proceedings.

Answer: False

The Department of Justice ceased defending Section 3 of DOMA after the Second Circuit applied heightened scrutiny, a standard the DOJ believed the law could not satisfy.

Related Concepts:

  • What was the outcome of the appeal filed by the Department of Justice after the District Court's ruling?: The Department of Justice filed a notice of appeal, despite agreeing with the District Court's ruling, to enable the Bipartisan Legal Advisory Group (BLAG) to defend the statute and ensure proper appellate review.
  • How did the Department of Justice's stance on defending DOMA change prior to the Supreme Court hearing?: The Department of Justice ceased defending DOMA Section 3 after the Second Circuit applied heightened scrutiny, a standard the DOJ deemed the law could not satisfy, prompting the Bipartisan Legal Advisory Group (BLAG) to intervene.
  • Who defended Section 3 of DOMA in the lower courts after the Department of Justice declined to do so?: The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives intervened to defend DOMA Section 3 after the Department of Justice ceased its defense, citing the law's inability to withstand heightened scrutiny.

The Supreme Court only considered the central constitutional question regarding DOMA Section 3.

Answer: False

The Supreme Court considered additional procedural questions regarding jurisdiction and standing, in addition to the central constitutional question concerning DOMA Section 3.

Related Concepts:

  • What was the outcome of the Supreme Court's decision in *United States v. Windsor*?: In a 5-4 decision, the Supreme Court declared Section 3 of DOMA unconstitutional, holding that it violated the Fifth Amendment's Due Process Clause by infringing upon the liberty and equal protection rights of same-sex couples.
  • What was the role of the Fifth Amendment's Due Process Clause in the Supreme Court's decision?: The Supreme Court held DOMA Section 3 unconstitutional under the Fifth Amendment's Due Process Clause, asserting that the protected liberty inherently includes equal protection, which DOMA's discriminatory classification violated.
  • What standard of review did the Second Circuit Court of Appeals apply when reviewing DOMA Section 3?: The Second Circuit Court of Appeals applied intermediate scrutiny to DOMA Section 3, finding it unconstitutional under the Fifth Amendment's equal protection guarantees because it could not satisfy this heightened standard of review.

The Department of Justice stopped defending DOMA because it believed the law was constitutional under heightened scrutiny.

Answer: False

The Department of Justice stopped defending DOMA because it believed the law could not withstand heightened scrutiny, not because it believed the law was constitutional under that standard.

Related Concepts:

  • How did the Department of Justice's stance on defending DOMA change prior to the Supreme Court hearing?: The Department of Justice ceased defending DOMA Section 3 after the Second Circuit applied heightened scrutiny, a standard the DOJ deemed the law could not satisfy, prompting the Bipartisan Legal Advisory Group (BLAG) to intervene.
  • Who defended Section 3 of DOMA in the lower courts after the Department of Justice declined to do so?: The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives intervened to defend DOMA Section 3 after the Department of Justice ceased its defense, citing the law's inability to withstand heightened scrutiny.
  • What was the outcome of the appeal filed by the Department of Justice after the District Court's ruling?: The Department of Justice filed a notice of appeal, despite agreeing with the District Court's ruling, to enable the Bipartisan Legal Advisory Group (BLAG) to defend the statute and ensure proper appellate review.

The Bipartisan Legal Advisory Group (BLAG) argued that DOMA should be reviewed under heightened scrutiny.

Answer: False

The Bipartisan Legal Advisory Group (BLAG) argued that DOMA should be reviewed under a rational basis standard, not heightened scrutiny.

Related Concepts:

  • Who defended Section 3 of DOMA in the lower courts after the Department of Justice declined to do so?: The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives intervened to defend DOMA Section 3 after the Department of Justice ceased its defense, citing the law's inability to withstand heightened scrutiny.
  • What was the outcome of the appeal filed by the Department of Justice after the District Court's ruling?: The Department of Justice filed a notice of appeal, despite agreeing with the District Court's ruling, to enable the Bipartisan Legal Advisory Group (BLAG) to defend the statute and ensure proper appellate review.
  • What was the primary argument made by the Bipartisan Legal Advisory Group (BLAG) in opposing Windsor's motion for summary judgment?: BLAG argued that sexual orientation should not be subject to heightened scrutiny, contending DOMA Section 3 should be reviewed under a rational basis standard, under which they believed it would be constitutional.

Roberta Kaplan represented the Bipartisan Legal Advisory Group (BLAG) in the Supreme Court case.

Answer: False

Roberta Kaplan was the lead counsel representing Edith Windsor; she did not represent the Bipartisan Legal Advisory Group (BLAG).

Related Concepts:

  • What was the role of Roberta Kaplan in the *United States v. Windsor* case?: Roberta Kaplan served as the lead counsel representing Edith Windsor, successfully arguing her case before the Supreme Court.
  • What were the key questions the Supreme Court asked the parties to brief and argue in addition to the main constitutional question?: The Supreme Court requested briefing on two ancillary questions: whether the executive branch's concession of unconstitutionality divested the Court of jurisdiction, and whether the Bipartisan Legal Advisory Group (BLAG) possessed standing to appeal.

The Supreme Court appointed an amicus curiae to argue the constitutional question of DOMA's validity.

Answer: False

The Supreme Court appointed an amicus curiae to argue the procedural questions of jurisdiction and standing, not the central constitutional question of DOMA's validity.

Related Concepts:

  • What was the outcome of the appeal filed by the Department of Justice after the District Court's ruling?: The Department of Justice filed a notice of appeal, despite agreeing with the District Court's ruling, to enable the Bipartisan Legal Advisory Group (BLAG) to defend the statute and ensure proper appellate review.
  • What was Justice Scalia's main argument in his dissenting opinion regarding the Court's power to decide the case?: Justice Scalia argued the Court lacked jurisdiction due to the absence of a "real dispute" after the government conceded the case. He further contended the Court lacked constitutional authority to invalidate democratically enacted legislation like DOMA.
  • How did the Department of Justice's stance on defending DOMA change prior to the Supreme Court hearing?: The Department of Justice ceased defending DOMA Section 3 after the Second Circuit applied heightened scrutiny, a standard the DOJ deemed the law could not satisfy, prompting the Bipartisan Legal Advisory Group (BLAG) to intervene.

Which entity intervened to defend the constitutionality of DOMA after the Department of Justice declined to do so?

Answer: The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives.

The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives intervened to defend Section 3 of DOMA after the Department of Justice announced it would no longer defend the law under heightened scrutiny.

Related Concepts:

  • How did the Department of Justice's stance on defending DOMA change prior to the Supreme Court hearing?: The Department of Justice ceased defending DOMA Section 3 after the Second Circuit applied heightened scrutiny, a standard the DOJ deemed the law could not satisfy, prompting the Bipartisan Legal Advisory Group (BLAG) to intervene.
  • Who defended Section 3 of DOMA in the lower courts after the Department of Justice declined to do so?: The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives intervened to defend DOMA Section 3 after the Department of Justice ceased its defense, citing the law's inability to withstand heightened scrutiny.
  • What was the outcome of the appeal filed by the Department of Justice after the District Court's ruling?: The Department of Justice filed a notice of appeal, despite agreeing with the District Court's ruling, to enable the Bipartisan Legal Advisory Group (BLAG) to defend the statute and ensure proper appellate review.

Why was the 'Case or Controversy' clause of Article III of the Constitution relevant to the *Windsor* case?

Answer: It raised questions about whether a genuine legal dispute still existed after the executive branch agreed with the lower court's ruling.

The 'Case or Controversy' clause requires a genuine dispute for federal courts to exercise jurisdiction. This clause became relevant because the executive branch's concession raised questions about whether a live controversy persisted.

Related Concepts:

  • How did the Supreme Court's decision in *Windsor* impact the interpretation of "equal protection" under the Fifth Amendment?: The *Windsor* decision reinforced that the Fifth Amendment's Due Process Clause implicitly guarantees equal protection, prohibiting federal laws that discriminate based on marital status and sexual orientation, and mandating that governmental actions must not "demean" or "injure" protected groups.
  • What did the Ninth Circuit Court of Appeals rule regarding sexual orientation and jury selection, citing *Windsor*?: The Ninth Circuit Court of Appeals ruled that classifications based on sexual orientation are subject to review higher than rational basis, and that *Windsor* established this heightened scrutiny, prohibiting discriminatory practices like peremptory strikes based on sexual orientation.
  • How did the Supreme Court's decision in *Windsor* relate to the later case of *Obergefell v. Hodges*?: The *Windsor* decision was a critical precursor to *Obergefell v. Hodges*, which subsequently established a nationwide right to same-sex marriage based on the Fourteenth Amendment's Due Process and Equal Protection Clauses.

Which of the following statements best describes the role of Roberta Kaplan in the *Windsor* case?

Answer: She was the lead counsel representing Edith Windsor.

Roberta Kaplan served as the lead counsel representing Edith Windsor, successfully arguing her case before the Supreme Court.

Related Concepts:

  • What was the role of Roberta Kaplan in the *United States v. Windsor* case?: Roberta Kaplan served as the lead counsel representing Edith Windsor, successfully arguing her case before the Supreme Court.

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