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History, 26.03.2021 20:50 pinapunapula

In 1996, the Republican -controlled Congress passed the Defense of Marriage Act (DOMA), which was signed into law by Democratic President Bill Clinton. This legislation defined in federal law a "marraige" as "only a legal union between one man and one woman as husband and wife." When Thea Spyer died in 2009, she left her estate to her wife, Edith Windsor. The couple married in Canada in 2007, and were recognized as legally married by the state of New York. However, since the two were not considered legally married for federal tax purpose due to DOMA, Edith Windsor was forced to pay a significant federal estate tax, which would not have applied to an opposite-sex married couple. Edith Windsor filed suit in a federal court, and the case ultimately reached the U. S. Supreme Court in 2013. The Supreme Court ruled DOMA unconstitutional in United States v. Windsor (2013). After reading the scenario, please respond to A, B, and C below: A. Referencing the scenario, describe the judicial power exercised by the U. S. Supreme Court in United States v. Windsor and explain why this power gives the Supreme Court the authority to take the action described. B. Explain what clause in the 14th Amendment would have been the basis of the Court's decision in this case and how the court would have applied that clause to reach its conclusion in this case.

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