Then Comes Marriage: and the Defeat of DOMA

A Los Angeles Times Best Book of 2015

Roberta Kaplan’s gripping story of her defeat of the Defense of Marriage Act (DOMA) before the Supreme Court.

Renowned litigator Roberta Kaplan knew from the beginning that it was the perfect case to bring down the so-called Defense of Marriage Act (DOMA). Edie Windsor and Thea Spyer had been together as a couple, in sickness and in health, for more than forty years―enduring society’s homophobia as well as Spyer’s near total paralysis from multiple sclerosis. Although the couple was finally able to marry, when Spyer died the federal government refused to recognize their marriage, forcing Windsor to pay a huge estate tax bill.

In this gripping, definitive account of one of our nation’s most significant civil rights victories―named a Ms. Magazine Top 10 Feminist Book of 2015 and a National Law Journal Top 10 Supreme Court Aficionado Book of 2015―Kaplan describes meeting Windsor and their journey together to defeat DOMA. She shares the behind-the-scenes highs and lows, the excitement and the worries, and provides intriguing insights into her historic argument before the Supreme Court. A critical and previously untold part of the narrative is Kaplan’s own personal story, including her struggle for self-acceptance in order to create a loving family of her own.

Then Comes Marriage tells this quintessentially American story with honesty, humor, and heart. It is the momentous yet intimate account of a thrilling victory for equality under the law for all Americans, gay or straight.

8 pages of illustrations

Roberta Kaplan is a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP. Since winning United States v. Windsor, she litigated the case against the gay marriage ban in Mississippi and filed “The People’s Brief” in the Supreme Court case of Obergefell v. Hodges. She lives in New York City with her wife and son.