Liberal Jewish Groups Win in Gay Marriage Ruling

Jewish Couple Was Plaintiff in Defense of Marriage Case

Gay Pioneer: Edith Windsor, the plaintiff in the successful case against the Defense of Marriage Act, chats with Sen. Kirsten Gillibrand.
getty images
Gay Pioneer: Edith Windsor, the plaintiff in the successful case against the Defense of Marriage Act, chats with Sen. Kirsten Gillibrand.

By JTA

Published June 26, 2013.
  • Print
  • Share Share

The Supreme Court upheld the federal rights of same sex couples in states that allow same sex marriages — a decision likely to cheer liberal Jewish groups that rallied support for the issue.

The first of two rulings Wednesday struck down a key part of the 1996 Defense of Marriage Act, or DOMA, which mandated that federal laws abide by a definition of marriage as a union between a man and woman. The ruling, a 5-4 split along ideological lines, requires the federal government to abide by the laws of individual states in its dealings with couples from those states.

In a separate ruling, the court ruled that individuals who sought to reverse a California Supreme Court decision that had overturned a ballot initiative banning same-sex marriage had no standing. A number of Jewish groups had filed friends of the court briefs on both sides.

The DOMA lawsuit had been brought by a Jewish woman, Edith Windsor, who was forced to pay federal taxes on the estate of her late wife, Thea Spyer, who was also Jewish, despite the fact that their Canadian marriage was recognized as legal by the state of New York, where they resided.

“DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty,” Anthony Kennedy wrote in an opinion joined by the four liberal judges, including the three Jewish justices: Ruth Bader Ginsburg, Elena Kagan and Stephen Breyer. “It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper.”

Liberal Jewish groups were rallied by Wednesday’s decisions, which came a day after the Supreme Court gutted the 1965 Voting Rights Act, which had mandated federal review of any changes in voting laws in areas and states where racial discrimination had been pervasive. Groups like the American Jewish Committee, the Reform movement, the National Council of Jewish Women and the Anti-Defamation League pledged to lobby Congress to reinstate the key language that would reinstate such review.


The Jewish Daily Forward welcomes reader comments in order to promote thoughtful discussion on issues of importance to the Jewish community. In the interest of maintaining a civil forum, The Jewish Daily Forwardrequires that all commenters be appropriately respectful toward our writers, other commenters and the subjects of the articles. Vigorous debate and reasoned critique are welcome; name-calling and personal invective are not. While we generally do not seek to edit or actively moderate comments, our spam filter prevents most links and certain key words from being posted and The Jewish Daily Forward reserves the right to remove comments for any reason.





Find us on Facebook!
  • The Forverts' "Bintel Brief" advice column ran for more than 65 years. Now it's getting a second life — as a cartoon.
  • Half of this Hillel's members believe Jesus was the Messiah.
  • Vinyl isn't just for hipsters and hippies. Israeli photographer Eilan Paz documents the most astonishing record collections from around the world:http://jd.fo/g3IyM
  • Could Spider-Man be Jewish? Andrew Garfield thinks so.
  • Most tasteless video ever? A new video shows Jesus Christ dying at Auschwitz.
  • "It’s the smell that hits me first — musty, almost sweet, emanating from the green felt that cradles each piece of silver cutlery in its own place." Only one week left to submit! Tell us the story of your family's Jewish heirloom.
  • Mazel tov to Chelsea Clinton and Marc Mezvinsky!
  • If it's true, it's pretty terrifying news.
  • “My mom went to cook at the White House and all I got was this tiny piece of leftover raspberry ganache."
  • Planning on catching "Fading Gigolo" this weekend? Read our review.
  • A new initiative will spend $300 million a year towards strengthening Israel's relationship with the Diaspora. http://jd.fo/q3Iaj Is this money spent wisely?
  • Lusia Horowitz left pre-state Israel to fight fascism in Spain — and wound up being captured by the Nazis and sent to die at Auschwitz. Share her remarkable story — told in her letters.
  • Vered Guttman doesn't usually get nervous about cooking for 20 people, even for Passover. But last night was a bit different. She was cooking for the Obamas at the White House Seder.
  • A grumpy Jewish grandfather is wary of his granddaughter's celebrating Easter with the in-laws. But the Seesaw says it might just make her appreciate Judaism more. What do you think?
  • from-cache

Would you like to receive updates about new stories?




















We will not share your e-mail address or other personal information.

Already subscribed? Manage your subscription.