Supreme Court asked to hear Conn. DOMA case | Washington Blade – America’s Leading Gay News Source

Published August 24, 2012 by Tjchase

Supreme Court asked to hear Conn. DOMA case

August 21, 2012 | 3 Comments text sizeprintemailtranslate

By Chris Johnson on August 21, 2012

Supreme Court asked to hear Conn. DOMA case

The New England-based LGBT group behind successful litigation against the Defense of Marriage Act is asking the U.S. Supreme Court to hear yet another case in which a district court ruled against the anti-gay law.

Gay & Lesbian Advocates & Defenders is asking the Supreme Court to take up the case of Pedersen et al v. Office of Personnel Management after U.S. District Judge Vanessa Bryant of Connecticut last month ruled against Section 3 of DOMA as a result of the litigation. The organization had earlier called on the high court to take up its case of Gill v. Office of Personnel Management, which led the U.S. First Circuit Court of Appeals to overturn DOMA.

The question presented to the Supreme Court is the same question presented in other case: Does Section 3 of the Defense of Marriage Act violate the equal protection guarantee of the Fifth Amendment to the U.S. Constitution as applied to legally married same-sex couples?

The 33-page petition also lays out similar arguments why the Supreme Court should take up DOMA and strike it down as unconstitutional. Among them are the case raises questions of national importance that are ripe for review and the case presents an opportunity for the Supreme Court to rule that laws related to sexual orientation should be subjected to heightened scrutiny — a position held by the Obama administration.

But GLAD also argues that Pedersen case should be taken up by the Supreme Court because the six married couples and a widower who are plaintiffs in the lawsuit demonstrate the many ways in which same-sex couples are affected by DOMA, such as the federal income tax, Social Security, federal employee and retiree benefits, the Family & Medical Leave Act and the EmploymentRetirement Income Security Act.

“DOMA is not a narrow statute that discriminates against gay men and lesbians in discrete contexts, but rather a broad- based enactment whose effects pervade the entire U.S. Code,” the petitions states. “Because they have been disadvantaged in so many different ways, the Petitioners in this case best represent the range of DOMA’s effects on married gay men and lesbians.”

The petition means the Supreme Court has been asked to hear a total four cases within the course of a couple months challenging DOMA. Others lawsuits in which both opponents and proponents of DOMA have called on justices to consider the anti-gay law are Windsor v. United States and Golinski v. Office of Personnel Management, which have led district courts to overturn DOMA, and the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Health & Health Services.

The Pedersen case has seen activity at the circuit court level, where it currently sits. The U.S. Justice Department, which has stopped defending DOMA and has assisted in efforts to litigate against it, has appealed the case to the U.S. Second Circuit Court of Appeals even though the House Republican-led Bipartisan Legal Advisory Group, which has taken up defense of the DOMA, hasn’t yet taken action following the district court decision.

The Supreme Court won’t be able to decide whether it will hear the Pedersen case or other DOMA cases until it returns from summer recess. Most observers expect the justices to take up consideration of the statute banning federal recognition of same-sex marriage.

The New England-based LGBT group behind successful litigation against the Defense of Marriage Act is asking the U.S. Supreme Court to hear yet another case in which a district court ruled against the anti-gay law.

Gay & Lesbian Advocates & Defenders is asking the Supreme Court to take up the case of Pedersen et al v. Office of Personnel Management after U.S. District Judge Vanessa Bryant of Connecticut last month ruled against Section 3 of DOMA as a result of the litigation. The organization had earlier called on the high court to take up its case of Gill v. Office of Personnel Management, which led the U.S. First Circuit Court of Appeals to overturn DOMA.

The question presented to the Supreme Court is the same question presented in other case: Does Section 3 of the Defense of Marriage Act violate the equal protection guarantee of the Fifth Amendment to the U.S. Constitution as applied to legally married same-sex couples?

The 33-page petition also lays out similar arguments why the Supreme Court should take up DOMA and strike it down as unconstitutional. Among them are the case raises questions of national importance that are ripe for review and the case presents an opportunity for the Supreme Court to rule that laws related to sexual orientation should be subjected to heightened scrutiny — a position held by the Obama administration.

But GLAD also argues that Pedersen case should be taken up by the Supreme Court because the six married couples and a widower who are plaintiffs in the lawsuit demonstrate the many ways in which same-sex couples are affected by DOMA, such as the federal income tax, Social Security, federal employee and retiree benefits, the Family & Medical Leave Act and the Employment Retirement Income Security Act.

“DOMA is not a narrow statute that discriminates against gay men and lesbians in discrete contexts, but rather a broad- based enactment whose effects pervade the entire U.S. Code,” the petitions states. “Because they have been disadvantaged in so many different ways, the Petitioners in this case best represent the range of DOMA’s effects on married gay men and lesbians.”

Related Stories

Maryland lawmaker opposed to same-sex marriage admits to drinking before boating accident

Dems on track to break records with LGBT convention delegates

GOP embraces anti-gay bias in platform

The petition means the Supreme Court has been asked to hear a total four cases within the course of a couple months challenging DOMA. Others lawsuits in which both opponents and proponents of DOMA have called on justices to consider the anti-gay law are Windsor v. United States and Golinski v. Office of Personnel Management, which have led district courts to overturn DOMA, and the consolidated case of Gill v. Office of Personnel Management and Commonwealth of Massachusetts v. Health & Health Services.

The Pedersen case has seen activity at the circuit court level, where it currently sits. The U.S. Justice Department, which has stopped defending DOMA and has assisted in efforts to litigate against it, has appealed the case to the U.S. Second Circuit Court of Appeals even though the House Republican-led Bipartisan Legal Advisory Group, which has taken up defense of the DOMA, hasn’t yet taken action following the district court decision.

The Supreme Court won’t be able to decide whether it will hear the Pedersen case or other DOMA cases until it returns from summer recess. Most observers expect the justices to take up consideration of the statute banning federal recognition of same-sex marriage.

via Supreme Court asked to hear Conn. DOMA case | Washington Blade – America’s Leading Gay News Source.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Norse Paganism

Magick & Mythology

Ajah Dharma

om... may the great spirit bless you

What a Witch

I am not nice, but I am honest and that is more important.

Witches Of The Craft®

"Witchcraft For The 21st Century"

RealityShifters Blog

Live your best possible life. How good can it get?

Dear Cis People

The ramblings of a non-binary Latino.

moonshaman

The realms of Spirit, Breath, Life ~ Shamanic Endeavors

Stephanie Nicole

Righteous Health

Church of the Cosmos : Temple of Light

WE ARE IMMORTAL TIMELESS BEINGS OF LIGHT IN AN INFINITELY EXPANDING OMNIVERSE FILLED WITH INTELLIGENT LIFE

UMHS Gender Services

comprehensive gender services program for gender variant people and their families

DISMANTLE THE BEAM PROJECT

Real conspiracies - all original content

Mystery of the Iniquity

Truth is inspiring, it is guarded by GOD, and will triumph over all opposition!

wildeoats

Quality gay-shaded & m/m stories, articles & art

Josh Derke for State Representative

Democrat for Michigan's 93rd House (2014)

djmilosz

Just another WordPress.com site

Edge Induced Cohesion

A Historian's Eye View of the World

HandyBob's Blog

Making off grid RV electrical systems work

The Journey

This WordPress.com site is the cat’s pajamas

Daily Queer News

LGBTI News and Politics

evoL =

Allies for equality.

Finding my way back

How do you cope with the loss?

Mr. Moon's Meditation Chamber

The Official Blog of Hip Hop Artist Tony Moon

Different People

Being gay with a mental illness(Bipolar) is a HUGE task to undertake!

The Catbox

Musings on modern Druidry in the UK

The LGBT community and the journey ahead

Being Gay is not a choice, we are born that way

GAY MARRIAGE USA

fb.com/GayMarriageUSA

News and reviews

sharing with others

The Dream Faire

Enchanted Jewelry Designs & Magical Creations by ♥Kat

Gay Polyamory Blog

My thoughts/adventures in polyamory and life.

%d bloggers like this: