Sunday, September 29, 2013

"How Edith Windsor fell in love, got married, and won a landmark case for gay marriage."

A great article by Ariel Levy. Worth subscribing to The New Yorker to get access. I had The New Yorker in audio podcast form, and this article inspired me to subscribe to the print edition. It begins:
"Fuck the Supreme Court!” Edith Windsor said, one hideously hot morning in June, when she’d had just about enough. Then she sighed and mumbled, “Oh, I don’t mean that.” What she really meant was that she was hot, she was tired of waiting, and, most of all, she was tired of being told what to do. “I’m feeling very manhandled!” she said.

It was Windsor’s eighty-fourth birthday, and she was spending it staring at a laptop screen as information from scotusblog.com flashed by in a typeface too small for her to read comfortably. Four years earlier, Windsor’s partner of more than forty years, Thea Spyer, died, leaving Windsor her sole heir. The two were legally married in Canada, in 2007, but, because of the Defense of Marriage Act, Windsor was not eligible for the exemption on estate tax that applies to husbands and wives. She had to pay $363,053 in taxes to the federal government, and $275,528 to New York State, and she did not think that was fair.
There's some excellent material about lawyering, including getting the right plaintiff as the face of the issue. One "experienced movement attorney" explains that "Women are better than men" and "post-sexual is better than young." Windsor was not just female and presumably "aged out of carnality," but, we're told, didn't "look gay."
Her pink lipstick and pearls would make it easier, [her lawyer Roberta] Kaplan knew, for people across the country to feel that they understood her, that she embodied values they could relate to.
Some movement lawyer types thought Windsor was the wrong plaintiff because she was too rich, and her legal problem was a problem of a rich person. Who owes $600,000 in taxes? What kind of civil rights movement forefronts suffering of that kind?
"There were these calls," Kaplan said. "These people from Lambda were like, 'We really think that bankruptcy is the perfect venue to challenge DOMA,' because they had a bankruptcy case they wanted to bring. Finally, I couldn't stand it. I said, 'Really?  I don't want to be disrespectful or classist, but do you really think that people who couldn't pay their personal debts are the best people to bring the claim?"...

Kaplan was convinced that Americans dislike taxes even more than they dislike the rich...

No comments:

Post a Comment