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Windsor v. The United States Of America

MEMORANDUM OF LAW in Opposition re: 28 MOTION for Summary Judgment.. Document

51 Cited authorities

  1. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,246 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  2. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 9,875 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  3. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,362 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  4. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,262 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  5. Plyler v. Doe

    457 U.S. 202 (1982)   Cited 3,043 times   15 Legal Analyses
    Holding that States cannot deny to illegal aliens the free public education they provide to citizens and legally documented aliens

  6. Lawrence v. Texas

    539 U.S. 558 (2003)   Cited 1,165 times   33 Legal Analyses
    Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

  7. Romer v. Evans

    517 U.S. 620 (1996)   Cited 1,269 times   13 Legal Analyses
    Holding unlawful a state law that precluded local ordinances from protecting homosexuals from discrimination because it "seems inexplicable by anything but animus toward the class it affects"

  8. San Antonio School District v. Rodriguez

    411 U.S. 1 (1973)   Cited 3,110 times   3 Legal Analyses
    Holding that classifications on the basis of geography are not suspect

  9. Dandridge v. Williams

    397 U.S. 471 (1970)   Cited 2,814 times   4 Legal Analyses
    Holding that an appellate court can affirm district court on alternate grounds supported by the record

  10. Massachusetts Bd. of Retirement v. Murgia

    427 U.S. 307 (1976)   Cited 1,725 times   1 Legal Analyses
    Holding that age is not a quasi-suspect class

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2056 - Bequests, etc., to surviving spouse

    26 U.S.C. § 2056   Cited 623 times   10 Legal Analyses
    Requiring that the surviving spouse be given a general power of appointment over trust assets in order for the property to qualify for the marital deduction

  13. Section 2010 - Unified credit against estate tax

    26 U.S.C. § 2010   Cited 292 times   31 Legal Analyses
    Establishing the basic exclusion amount for a person dying in 2011 at $5,000,000

  14. Section 7 - Marriage

    1 U.S.C. § 7   Cited 152 times   9 Legal Analyses
    Containing no money-mandating provisions

  15. Section 297.5 - Rights, protections and benefits of partners

    Cal. Fam. Code § 297.5   Cited 53 times   3 Legal Analyses
    Stating that the section does not modify any federal benefits or protections

  16. Section 10-A - Parties to a marriage

    N.Y. Dom. Rel. Law § 10-A   Cited 23 times

    1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex. 2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility relating to marriage, whether deriving from statute, administrative or court rule, public policy, common law or any other source of law, shall differ based on the parties to the marriage being or having been of the same sex rather than a different sex. When

  17. Section 46-401 - Equal access to marriage

    D.C. Code § 46-401   Cited 8 times

    (a) Marriage is the legally recognized union of 2 persons. Any person may enter into a marriage in the District of Columbia with another person, regardless of gender, unless the marriage is expressly prohibited by § 46-401.01 or § 46-403. (b) Where necessary to implement the rights and responsibilities relating to the marital relationship or familial relationships, gender-specific terms shall be construed to be gender neutral for all purposes throughout the law, whether in the context of statute

  18. Section 106.305 - Legislative findings

    ORS § 106.305   Cited 4 times

    The Legislative Assembly finds that: (1) Section 20, Article I of the Oregon Constitution, has always enshrined the principle that all citizens of this state are to be provided with equal privileges and immunities under the laws of the State. In addition, as provided in ORS 659A.006, it has long been the public policy of this state that discrimination against any of the citizens of this state is a matter of state concern that threatens not only the rights and privileges of the state's inhabitants

  19. Section 26.60.010 - Finding

    Wash. Rev. Code § 26.60.010   Cited 3 times

    Many Washingtonians are in intimate, committed, and exclusive relationships with another person to whom they are not legally married. These relationships are important to the individuals involved and their families; they also benefit the public by providing a private source of mutual support for the financial, physical, and emotional health of those individuals and their families. The public has an interest in providing a legal framework for such mutually supportive relationships, whether the partners

  20. Section 46b-20 - Definitions

    Conn. Gen. Stat. § 46b-20   Cited 2 times

    As used in this chapter: (1) "Registrar" means the registrar of vital statistics; (2) "Applicant" means applicant for a marriage license; (3) "License" means marriage license; and (4) "Marriage" means the legal union of two persons. Conn. Gen. Stat. § 46b-20 (P.A. 78-230, S. 1, 54; P.A. 09-13, S. 3.) Amended by P.A. 09-0013, S. 3 of the the 2009 Regular Session, eff. 4/23/2009.