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Hearing set in Aranas v. Napolitano, and House Republicans are granted their motion to intervene to defend Section 3 of DOMA


By Scottie Thomaston

The federal judge hearing Aranas v. Napolitano, a class-action challenge to Section 3 of the Defense of Marriage Act as it applies to immigration, has granted the Bipartisan Legal Advisory Group (BLAG)’s motion to intervene to defend the law. BLAG has stepped in to defend DOMA where the Justice Department has decided it will forgo its defense, and it has already filed motions in the case before being granted the opportunity to intervene. Most recently, BLAG filed a motion to dismiss the case, citing, among other things, a 1972 Supreme Court precedent that is a one-sentence dismissal “for want of a substantial federal question”, considered by BLAG to be a decision on the legal merits of any claim pertaining to equal protection rights of same-sex couples who want to get married. BLAG suggests this case bars any challenge to Section 3 of DOMA, the federal definition of marriage.

The order notes that since the motion to intervene is granted, the hearing on this motion is now canceled.

The judge has also set a briefing and argument schedule in the case. A hearing on the motion to dismiss the case as well as motions for class certification (so the case can be heard as a class-action) and a preliminary injunction barring deportation while the trial continues will be held November 6.

h/t Kathleen for these filings

Order granting motion to intervene:8:12-cv-01137 #43

Briefing and argument schedule:8:12-cv-01137 #44

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