If Thea Spyer, whose death in 2009 set the stage for Wednesday’s landmark Supreme Court ruling on same-sex marriage, were still alive, she might tell her partner, Edith Windsor, “You did it, honey!”
Windsor, who is Jewish and just turned 84 just a few days ago, spoke those words at a triumphant news conference at a gay and lesbian center in Manhattan, hours after the Supreme Court threw out a central part of the Defense of Marriage Act, known as DOMA.
Windsor, a New York resident and former IBM consultant, and Spyer, a psychologist, met in the 1960s in a New York restaurant and spent four decades engaged to be married before they finally tied the knot in Canada in 2007. The validity of their marriage was subsequently recognized by New York under common-law principles of comity.
When Spyer died in 2009, she left her entire estate to Windsor. Because their marriage was valid under New York law, Windsor sought to claim the federal estate tax exemption for surviving spouses. She was barred from doing so by Section 3 of DOMA, which provided that the term “spouse” only applies to a marriage between a man and woman. In effect, the Internal Revenue Service found that the exemption did not apply to same-sex marriages, denied Windsor’s claim, and compelled her to pay $363,053 in estate taxes. Windsor sued the federal government and the case went all the way to the Supreme Court. With her win (which is a win for all Gay & Lesbian couples), Windsor will now be able to claim a $363,000 tax refund, plus interest.
Windsor said the news had brought tears of joy.
“What a way to celebrate the life of my beloved Thea,” said Windsor, who wore a beaming smile.
The decision opens the door for same-sex couples in the 12 states that allow it, plus Washington D.C., to receive federal benefits, and has turned Windsor into an icon.
“It’s an accident of history that put me here,” said Windsor. “If Thea had been Theo,” everything would have been different, she said.
Windsor remained closeted for years and wore a circle diamond pin rather than an engagement ring to hide the truth.
“Internalized homophobia is a bitch,” she said. “I lied all the time.”
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Now, the legal fight behind her, Windsor said she is looking forward to a quiet retirement.
“I don’t have a ton of years left and I would like to relax a little bit,” said Windsor.
With that, she stepped out into the center’s atrium, where a cramped crowd of people whooped with joy and chanted her name. Just after 11 A.M., the President called. Her lawyer, Roberta Kaplan picked up the phone and gave it to Windsor. “Hello, who am I talking to?” Windsor said. “Oh, Barack Obama? I wanted to thank you. I think your coming out for us made such a difference throughout the country.” Pictures of her taken as she learned the news have gone viral.
There are still 37 states that do not yet recognize the rights of same-sex couples.
The post How a Jewish Lesbian Paved the Way to Marriage Equality appeared first on JQ International.
