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The supreme court is today hearing the arguments in the case which will determine the constitutionality of the Defence of Marriage Act (DOMA). The case is being brought by Edith Windsow, who is sueing the US government over $363,000 in federal estate tax she paid at the death of her partner Thea Windsow. The court is expected to make a decision in late June.

The 83 year old Edith Windsow was engaged to her partner Thea for 40 years, when in 2007 they went to Canada to marry. After Thea died in 2009 Edith had to pay the federal estate tax. She argues that had her wife been a husband then she would not of had to pay the tax, and therefore she believes DOMA to be unconstitutional, because it discriminated against her.

Edith Window’s story led President Obama to say the he and the Justice department would no longer defend the constitutionality of DOMA, in February 2011.

Windsow will be represented by Roberta Kaplan. Kaplan is regarded by her peers in the Law to be one of the finest lawyers of her generation, being voted by the National Law Journal as one of the top “40 under 40” lawyers in the US.