Defense of Marriage Act Repeal: ACLU Wants Gay Marriage to Go to the Supreme Court

DOMA may be heading to the Suprme Court.

On Monday, the ACLU filed a petition that asked the Supreme Court to hear a challenge against the Defense of Marriage Act. The lawsuit was brought by Edith Windsor; a 83-year-old widow living in New York.

The Defense of Marriage Act, also known as DOMA, was signed into law by President Bill Clinton in 1996. It is a United States federal law that defines marriage as the legal union of one man and one woman.

Windsor was forced to pay more than $363,000 in estate taxes because the government would not recognize her marriage to her late spouse, Thea Spyer. The couple, who lived together for more than 40 years, resided in New York City.

The coule married in Toronto in 2007 and when Spyer died in 2009, Windsor was forced to pay close to $400,000 in estate taxes. The lawsuit was filed 2010. Last year, the Obama administration said they would no longer defend DOMA.

This post originally appeared on Generation: (WH)Y?