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Photograph: Chip Somodevilla/Getty Images On 20 January 2013, in his second inaugural address, the president declared: “Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well.”Įdith Windsor is mobbed by journalists and supporters following oral arguments at the supreme court in March 2013. Voters in Maine, Maryland and Washington state approved marriage equality initiatives – and Minnesota voters rejected a state constitutional amendment that would have banned it. The political wisdom of Obama’s position was confirmed in November when he was re-elected with 332 electoral votes and 51.1% of the popular vote. Jones was the fifth federal judge to find the law unconstitutional. The judge found that Doma was unconstitutional under the due process guarantees of the fifth amendment and ordered the federal government to issue Windsor a tax refund, including interest.
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On 6 June, barely a month after the president’s announcement, Judge Barbara Jones of the southern district of New York ruled in favor of Edith Windsor, whose case against Doma focused on the estate taxes she was forced to pay after the death of her wife, Thea Spyer, a burden a straight widow would have avoided. “It doesn’t make sense to them,” Obama said, adding: “That’s the kind of thing that prompts a change in perspective.” His daughters, Malia and Sasha, had friends who were the children of same-sex couples, and it had never occurred to them that their friends’ parents would be treated differently. Obama said that even the Republican college students he had met were “very clear” about sexual orientation: “They believe in equality.” He also suggested the benefits of a presidential unit that included a brilliant wife and two precocious children.