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US gay marriage pioneer Edith Windsor dies at 88


Edith Windsor arrives for a news conference in New York City on June 26, 2013, following the US Supreme Court ruling striking down as unconstitutional the US Defense of Marriage Act.

Photo: Reuters

Edith Windsor, a gay rights pioneer whose landmark US Supreme Court case struck down parts of a federal anti-gay-marriage law and paved a path toward legalizing same-sex nuptials nationwide, died on Tuesday. She was 88.

Windsor died in New York, her lawyer Roberta Kaplan said.

The cause of death was not given, but Windsor had struggled with heart issues for years.

Former US president Barack Obama called her one of the “quiet heroes” whose persistence had furthered the cause of equality.

“Few were as small in stature as Edie Windsor — and few made as big a difference to America,” Obama said in a statement on Tuesday, adding that he had spoken to her a few days earlier.

Windsor already was 81 when she brought a lawsuit that proved to be a turning point for gay rights.

The impetus was the 2009 death of her first spouse, Thea Spyer. The women had married legally in Canada in 2007 after spending more than 40 years together.

Windsor said the US Defense of Marriage Act’s definition of marriage as a relationship between a man and a woman prevented her from getting a marital deduction on Spyer’s estate.

That meant Windsor faced a US$360,000 tax bill that heterosexual couples would not have.

“It’s a very important case. It’s bigger than marriage, and I think marriage is major. I think if we win, the effect will be the beginning of the end of stigma,” she told The Associated Press in 2012, after the Supreme Court agreed to hear the case.

Win she did: The justices ruled 5-4 in June 2013 that the provision in the law was unconstitutional, and that legally married same-sex couples are entitled to the same federal benefits that heterosexual couples receive.

The opinion marked a key moment of encouragement for gay marriage supporters then confronting a nationwide patchwork of laws that outlawed such unions in roughly three dozen states.

It also affronted conservatives who hewed to defining marriage as between a man and a woman.

Then-Supreme Court justice Antonin Scalia predicted the ruling would be used to upend state restrictions on marriage and said: “The only thing that will ‘confine’ the court’s holding is its sense of what it can get away with.”

Ultimately, the opinion in Windsor’s case became the basis for a wave of federal court rulings that struck down state marriage bans and led to a 2015 Supreme Court ruling giving same-sex couples the right to marry from coast to coast.

“One simply cannot write the history of the gay rights movement without reserving immense credit and gratitude for Edie Windsor,” said Anthony Romero, the executive director of the American Civil Liberties Union.

He called Windsor “one of this country’s great civil rights pioneers.”

New York Governor Andrew Cuomo, a Democrat, said he was heartbroken by the death of a woman who “embodied the New York spirit, taking it upon herself to tear down barriers for others.”

Windsor herself marveled at the arc of gay rights in her lifetime.

“I grew up knowing that society thought I was inferior,” she said in 2012. “Did I ever think we would be discussing equality in marriage? Never. It was just so far away.”

Born in Philadelphia, she moved to Manhattan in the early 1950s after a brief marriage to a man; it ended after she told him she was gay. She received a master’s degree in mathematics from New York University in 1957 and went to work for IBM in senior technical and management positions.

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