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Second Circuit· 10/18/2012

Windsor v. United States

Citations

  • 699 F.3d 169
  • 2012 WL 4937310
  • 110 A.F.T.R.2d (RIA) 6370
  • 2012 U.S. App. LEXIS 21785

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that homosexuality qualifies as a quasi-suspect classification deserving of heightened scrutiny
  • holding that Baker was not controlling as to constitutionality of DOMA, reasoning in part that “[i]n the forty years after Baker, there have been manifold changes to the Supreme Court’s equal protection jurisprudence” that would warrant an exception to the general rule
  • finding intermediate scrutiny appropriate in assessing the constitutionality of Section 3 of the Defense of Marriage Act
  • listing parallels between the status of women at the time the Court found they constituted a suspect class and homosexual individuals today, and finding homosexual persons to be quasi-suspect class based in part on analogy to gender
  • characterizing the law as “an unprecedented breach of longstanding deference to federalism”
  • “sexual orientation is a sufficiently distinguishing characteristic to identify the discrete minority class of homosexuals”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Straub, Droney

Read full opinion on CourtListener

Cited by

103 cases in this archive cite this case; the 20 most cited are listed.

Cites

132 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Windsor v. United States

8 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.