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Ninth Circuit Court of Appeals extends stay in Golinski v. Office of Personnel Management, challenging Section 3 of DOMA

DOMA trials Golinski

By Scottie Thomaston

Back on July 27, the Ninth Circuit Court of Appeals canceled oral arguments in Golinski v. Office of Personnel Management, a constitutional challenge to Section 3 of the Defense of Marriage Act filed by Lambda Legal. The court also ordered that the case be held in abeyance pending possible action at the Supreme Court. Since then, of course, the Court agreed to hear United States v. Windsor, a Second Circuit decision striking down Section 3 of DOMA as unconstitutional. Resolution of the Windsor case at the Supreme Court would ultimately decide the issues presented in Golinski, so the Ninth Circuit has issued an order extending the stay pending final resolution of Windsor.

h/t Kathleen for this filing

12-15409 #149

4 Comments

  • 1. Prop 8 Trial Tracker &raq&hellip  |  December 18, 2012 at 3:05 pm

    […] The Hawaii Family Forum – the defendant-intervenors in the Hawaii Jackson case – write that the two cases awaiting review before the Supreme Court “will directly impact the legal analysis and outcome of these proceedings” and that “the questions presented in those cases are undoubtedly relevant to—and perhaps controlling over—the question presented in this appeal.” They point out that the Ninth Circuit has “signaled its desire” to hold off on deciding cases related to same-sex marriage, pointing to the stay they issued in Golinski and subsequently extended. […]

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