Summary:
For this assignment, you will analyze a Supreme Court case dealing with civil liberties. In 2-3 page paper
format, you will answer the following questions:
1. Which amendment from the Bill of Rights does this case relate to and why? (It might be
more than one amendment)
5th
2. What factors led up to the case?
Edie Windsor and Thea Spyer shared their lives together as a couple in New York
City for 44 years. After a 40 year engagement they were finally married in
Canada in May 2007. Two years later, Thea passed away, after living for decades
with multiple sclerosis, which led to progressive paralysis. When Thea died, the
federal government refused to recognize their marriage and taxed Edie's
inheritance from Thea as though they were strangers. Under federal tax law, a
spouse who dies can leave her assets, including the family home, to the other
spouse without incurring estate taxes.Ordinarily, whether a couple is married for
federal purposes depends on whether they are considered married in their state.
New York recognized Edie and Thea's marriage, but because of a federal law
called the "Defense of Marriage Act," or DOMA, the federal government refuses
to treat married same-sex couples, like Edie and Thea, the same way as other
married couples.
3. The result of the case? What did the Supreme Court decide in this case?
On June 26, 2013, the U.S. Supreme Court ruled that section three of the so-
called "Defense of Marriage Act" (DOMA) is unconstitutional and that the
federal government cannot discriminate against married lesbian and gay couples
for the purposes of determining federal benefits and protections.
4. What effect does this case have on society?
Same sex couples are now allowed to get married.
5. Do you agree with this decision? Why or why not? Do you believe society has been
positively or negatively impacted by the Court’s ruling?
I have many thoughts about the decision. I agree because I believe everyone
deserves to find love. I disagree because I am a Christian and same sex marriage
goes against my religion. Society has had some positive and some negative
impacts. Same sex relationships are now allowed to get married and be happy,
but people who disagree with same sex relationships threaten couple and there
are many protests due to the situation.
6. Has this case personally affected your rights?
No, I am not gay, so I am not affected by this case.
7. What could have been some alternatives to this decision?
There really is no true alternative. Either same sex couples can get married or
they cannot. The only alternative is to only make certain states available to make
same sex marriage legal. Another alternative is to not allow same sex marriage.
This study source was downloaded by 100000858936669 from CourseHero.com on 01-28-2023 17:31:44 GMT -06:00
https://www.coursehero.com/file/42896998/Critical-Thinking-Civil-Liberties-Assignment-Info-Part-1-docx/
For this assignment, you will analyze a Supreme Court case dealing with civil liberties. In 2-3 page paper
format, you will answer the following questions:
1. Which amendment from the Bill of Rights does this case relate to and why? (It might be
more than one amendment)
5th
2. What factors led up to the case?
Edie Windsor and Thea Spyer shared their lives together as a couple in New York
City for 44 years. After a 40 year engagement they were finally married in
Canada in May 2007. Two years later, Thea passed away, after living for decades
with multiple sclerosis, which led to progressive paralysis. When Thea died, the
federal government refused to recognize their marriage and taxed Edie's
inheritance from Thea as though they were strangers. Under federal tax law, a
spouse who dies can leave her assets, including the family home, to the other
spouse without incurring estate taxes.Ordinarily, whether a couple is married for
federal purposes depends on whether they are considered married in their state.
New York recognized Edie and Thea's marriage, but because of a federal law
called the "Defense of Marriage Act," or DOMA, the federal government refuses
to treat married same-sex couples, like Edie and Thea, the same way as other
married couples.
3. The result of the case? What did the Supreme Court decide in this case?
On June 26, 2013, the U.S. Supreme Court ruled that section three of the so-
called "Defense of Marriage Act" (DOMA) is unconstitutional and that the
federal government cannot discriminate against married lesbian and gay couples
for the purposes of determining federal benefits and protections.
4. What effect does this case have on society?
Same sex couples are now allowed to get married.
5. Do you agree with this decision? Why or why not? Do you believe society has been
positively or negatively impacted by the Court’s ruling?
I have many thoughts about the decision. I agree because I believe everyone
deserves to find love. I disagree because I am a Christian and same sex marriage
goes against my religion. Society has had some positive and some negative
impacts. Same sex relationships are now allowed to get married and be happy,
but people who disagree with same sex relationships threaten couple and there
are many protests due to the situation.
6. Has this case personally affected your rights?
No, I am not gay, so I am not affected by this case.
7. What could have been some alternatives to this decision?
There really is no true alternative. Either same sex couples can get married or
they cannot. The only alternative is to only make certain states available to make
same sex marriage legal. Another alternative is to not allow same sex marriage.
This study source was downloaded by 100000858936669 from CourseHero.com on 01-28-2023 17:31:44 GMT -06:00
https://www.coursehero.com/file/42896998/Critical-Thinking-Civil-Liberties-Assignment-Info-Part-1-docx/
