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It was a wonderful life.
That's how Edith Windsor describes her partnership with Thea Clara Spyer. Theirs was not a fleeting romance -- the women were together 42 years sharing ups and downs, laughs and tears. They also shared what they'd earned together, including from Windsor's job as a programmer with IBM and Spyer's work as a psychologist.
"We were mildly affluent and extremely happy," Windsor said. "We were like most couples."
But even after they married in 2007 in Toronto, some 40 years into their courtship, the two women were not "like most couples" in the eyes of the state of New York, where they lived, nor in the eyes of the U.S. government, which under the Defense of Marriage Act mandates that a spouse, as legally defined, must be a person of the opposite sex.
This fact hit Windsor hard in 2009, while in a hospital after suffering a heart attack a month after Spyer's death. As she recovered and mourned, Windsor realized she faced a hefty bill for inheritance taxes -- $363,053 more than was warranted, she later claimed in court -- because Spyer was, in legal terms, little more than a friend.
"It was incredible indignation," Windsor recalled feeling. "Just the numbers were so cruel."
This anger gave way to action. Why, she and her lawyers argued, should her relationship with Spyer be any different when it came to rights, taxes and more than a heterosexual couple? Why should Windsor have to pay, literally, for losing her soulmate -- even though, by 2009, New York courts had recognized that "foreign same-sex marriages" should be recognized in the state as valid?
In October, Windsor, now 83, got an answer in the form of a ruling opinion from the 2nd U.S. Circuit Court of Appeals. That court found, in her favor, that the Defense of Marriage Act violates the Constitution's equal protection clause and thus she shouldn't have had to pay an inheritance tax after her partner's death. This follows a similar ruling, in May, from another federal appeals court in Boston.
Neither opinion settles the matter for good. That is expected to happen next year when the Supreme Court will weigh the constitutionality of the Defense of Marriage Act through the prism of Windsor and Spyer's story. It is one of two cases related to same-sex marriage that the high court will consider, it announced Friday. The other addresses California's Proposition 8.
Even with those cases still to be decided, Windsor said earlier this fall -- when the lower court decided in her favor, three years after Spyer's death -- that she felt she could finally breathe and celebrate.

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