Sonia Sotomayor on Families & Children
Situation: Edith Windsor and Thea Spyer were married in Toronto, Canada in 2007. Their marriage was recognized by New York state, where they resided. Upon Spyer's death in 2009, Windsor was forced to pay $363,000 in federal taxes, because their marriage was not recognized by federal law.
OnTheIssues explanation: This ruling led to a series of state legalization of same-sex marriage, as well as federal equality of same-sex rights (but not federal equality of marriage).
Opinions:Majority: Kennedy, Ginsburg, Breyer, Sotomayor, & Kagan; dissent: Roberts, Alito, Thomas & Scalia, on mixed grounds of federalism & traditionalism.
In her dissent, Judge Sotomayor concluded that the Convention's drafters had in mind "a notably more expansive definition of custody rights" than the "parochial" definitions--from U.S. dictionaries--on which the majority relied. Moreover, she noted, "most foreign courts" had held, as she would have, that such a clause does indeed constitute a "right of custody."
A California law imposed $1000 civil fines on persons who sold or rented to minors "violent video games." The video game industry sued to prevent enforcement of the law.
|Other Justices on Families & Children:||Sonia Sotomayor on other issues:|
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
John Paul Stevens(1975-2010)
Sandra Day O'Connor(1981-2006)
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