Edith Windsor, the subject of the DOMA case about to go before the Supreme Court, filed a brief with the court Tuesday, laying out her case…
Specifically, Windsor argues laws like DOMA that classify people based on their sexual orientation should be subjected to "heightened scrutiny" by courts, which demands the government to provide an "important" reason for the law in question. A similar argument was made by the Obama administration in a filing last Friday.
In discussing the standards that courts use when determining whether heightened scrutiny should apply, Windsor argues that gays and lesbians have faced a history of discrimination, and that their being gay does not affect their ability to contribute to society. Additionally, she argues that sexual orientation is not, generally speaking, fluid, and that the group "lacks political power" because of prejudice.
The oral arguments in this case will be heard on March 27th, the day after arguments in the CA Prop 8 case will be heard by the same court.