Book
Then Comes Marriage: United States v. Windsor and the Defeat of DOMA
by Roberta Kaplan
📖 Overview
Then Comes Marriage chronicles the landmark legal battle to overturn the Defense of Marriage Act (DOMA) through the case of United States v. Windsor. Attorney Roberta Kaplan narrates her experience representing Edie Windsor in this watershed civil rights case that went to the Supreme Court.
The book follows both the legal proceedings and the personal story of Edie Windsor, who faced a massive estate tax bill after the death of her spouse Thea Spyer because their marriage was not federally recognized. Kaplan interweaves Windsor's decades-long relationship with Spyer alongside the constitutional arguments and courtroom strategies that shaped the case.
Kaplan includes her own parallel journey as an attorney and gay woman, detailing the professional and personal challenges she navigated while building the case. The narrative tracks the rapid evolution of public attitudes toward same-sex marriage during the years the case moved through the courts.
The book serves as both a detailed account of a pivotal moment in American legal history and an examination of how individual stories can drive sweeping social change. Through its focus on specific characters caught in DOMA's wake, it illuminates broader themes about the relationship between law and justice.
👀 Reviews
Readers describe this as both a legal procedural and personal memoir that details the Supreme Court case that struck down DOMA. Many praise Kaplan's clear explanation of complex legal concepts and her behind-the-scenes perspective as lead counsel.
Readers appreciated:
- The human story of Edie Windsor beyond just the case
- Clear breakdown of legal strategy and courtroom dynamics
- Mix of personal and professional elements
- Historical context around LGBTQ+ rights
Common criticisms:
- Too much focus on Kaplan's personal life
- Some repetitive sections
- Technical legal sections can be dense for general readers
Ratings:
Goodreads: 4.16/5 (500+ ratings)
Amazon: 4.7/5 (100+ ratings)
"Reads like a legal thriller" notes one Amazon reviewer, while a Goodreads reader comments that "the personal anecdotes sometimes distract from the core narrative." Multiple readers cite the book's value as a record of civil rights history.
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🤔 Interesting facts
🏛️ Roberta Kaplan argued the landmark Supreme Court case pro bono, investing over $1 million worth of legal hours in her fight to overturn DOMA.
💑 Edie Windsor, the plaintiff in the case, was required to pay $363,053 in federal estate taxes after her wife's death - a tax that would not have applied to heterosexual married couples.
⚖️ The Supreme Court's decision in United States v. Windsor led to the federal government recognizing same-sex marriages for the first time in U.S. history.
📚 Kaplan wrote much of the book while recovering from a serious skiing accident that left her temporarily unable to walk.
🌟 Justice Ruth Bader Ginsburg later cited this case as one of the most important cases she participated in during her time on the Supreme Court, referring to DOMA as "mean-spirited" and discriminatory.