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DOMA: Dragovich case appealed to the Ninth Circuit

DOMA trials

By Scottie Thomaston

Thanks to Kathleen for these documents

Dragovich v. US Dept. of Treasury was decided on May 24, in a decision by District Court Judge Claudia Wilken striking down the Defense of Marriage Act as unconstitutional. In the ruling, the judge said the Act violated the plaintiffs’ guarantee of equal protection, and in the process, said that two longstanding precedents – Baker v. Nelson and Adams v. Howerton don’t apply to the case.

After the ruling, there was uncertainty over whether and when the Bipartisan Legal Advisory Group (BLAG), the group defending DOMA for the House Republicans, would appeal the decision to the Ninth Circuit Court of Appeals. Typically, they were appealing DOMA cases quickly after judgment was entered. In this case, they waited, and with all the other challenges making their way through the courts – including the Gill/Massachusetts First Circuit case in which BLAG is expected to petition the Supreme Court for certiorari before the end of this month – no one knew if this case would go any further.

Today, BLAG has filed its notice of appeal to the Ninth Circuit:

4:10-cv-01564_Notice of Appeal

So now we know they will ask the Ninth Circuit to hear and decide Dragovich, perhaps around the same time as its oral arguments in Golinski later this year.


  • 1. MFargo  |  June 26, 2012 at 2:28 pm

    There's a scathing article by Jeffrey Toobin in The New Yorker about Scalia's performance in general.

  • 2. Prop 8 Trial Tracker &raq&hellip  |  July 24, 2012 at 12:01 pm

    […] the Bipartisan Legal Advisory Group (BLAG) who is defending the law on behalf of House Republicans filed its notice of appeal to the Ninth Circuit Court of […]

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