ACLU Fights Estate Tax Bill for Gay Couple

In an attempt to save the couple hundreds of dollars a month, Ms. Pederson tried to enroll her spouse in her federal health insurance but was rejected once again. Ms. Pedersen and Ms. Meitzen, whose 2008 marriage is recognized under Connecticut law but not federal law, plan to file a lawsuit in an effort to strike down the Defense of Marriage Act, a law that prohibits the federal government from recognizing same-sex marriages.

This lawsuit is one of two new lawsuits being filed by gay rights legal organizations. The other lawsuit, filed by the American Civil Liberties Union, regards a $350,000 estate tax bill. Ms. Windsor and Ms. Spyer were together for 44 years, and their marriage was recognized in their home state of New York. Ms. Spyer died last year, and had the couple been man and wife, her estate would not owe any federal estate tax.

These new cases may pressure Obama to act on his promises to support gay rights.

See John Schwartz, Gay Couples to Sue Over U.S. Marriage Law, N.Y. Times, Nov. 8, 2010.

Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this to my attention.