Title: Contemporary Issues in Federalism | Basics of American Politics
Headings: Contemporary Issues in Federalism
Contemporary Issues in Federalism
Learning Objectives
Contending Issues
Edith Windsor: Icon of the Marriage Equality Movement
Strategizing about New Issues

Content: What is more, marriage equality became a reality in a growing number of states as federal court after federal court overturned state constitutional bans on same-sex marriage. The Windsor case gave federal judges the moment of clarity from the U.S. Supreme Court that they needed. James Esseks, director of the American Civil Liberties Union ’s (ACLU) Lesbian Gay Bisexual Transgender & AIDS Project, summarizes the significance of the case as follows: “ Part of what’s gotten us to this exciting moment in American culture is not just Edie’s lawsuit but the story of her life. The love at the core of that story, as well as the injustice at its end, is part of what has moved America on this issue so profoundly.” [ 9]
In the final analysis, same-sex marriage is a protected constitutional right as decided by the U.S. Supreme Court, which took up the issue again when it heard Obergefell v. Hodges in 2015. What role do you feel the story of Edith Windsor played in reframing the debate over same-sex marriage? How do you think it changed the federal government’s view of its role in legislation regarding same-sex marriage relative to the role of the states? Following the Windsor decision, the number of states that recognized same-sex marriages increased rapidly, as illustrated in Figure 3. In 2015, marriage equality was recognized in thirty-six states plus Washington, DC, up from seventeen in 2013.