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Victims of Our Own Success: The Perils of Obergefell and Windsor

8 Pages Posted: 23 Sep 2015 Last revised: 20 Oct 2015

Anthony C. Infanti

University of Pittsburgh - School of Law

Date Written: September 22, 2015


This short essay was spurred by the numerous celebrations of the Supreme Court’s recent decision in Obergefell v. Hodges legalizing same-sex marriage in all fifty states. Though the essay acknowledges the importance of both Obergefell and the Supreme Court’s earlier decision in United States v. Windsor, it highlights the significant perils that these decisions entail for the LGBT community. In the essay, I use tax as a lens for describing some of the lesser-known perils associated with these decisions in the hopes of making those perils more concrete and easily understood by a wide audience of (tax and nontax) readers.

Keywords: gay, lesbian, LGBT, same-sex marriage, gay marriage, Windsor, Obergefell, tax, family, procreation, marriage, artificial insemination, surrogacy

JEL Classification: H20, H24, H31, J12, J13, K34, K39

Suggested Citation

Infanti, Anthony C., Victims of Our Own Success: The Perils of Obergefell and Windsor (September 22, 2015). Ohio State Law Journal Furthermore, Vol. 76, p. 79 (2015); U. of Pittsburgh Legal Studies Research Paper No. 2015-33. Available at SSRN:

Anthony C. Infanti (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-1244 (Phone)
412-648-2648 (Fax)


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