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Supreme Court appoints outside lawyer to argue standing issues in DOMA case

The Supreme Court appoints Vicki Jackson, a Harvard Law School professor, to argue in the Windsor case challenging the constitutionality of DOMA that neither the U.S. Justice Department (which refuses to defend the law) nor the Bipartisan Legal Advisory Group (which House Republicans have tasked with defending the statute) have standing to pursue the appeal with the high court.

Continue 2 Comments December 11, 2012

Supreme Court announces it will consider the constitutionality of Prop 8 and DOMA

In a late afternoon order, the U.S. Supreme Court announces that it will take up the Prop 8 case and the Windsor challenge to DOMA and issue rulings on the two laws’ constitutionality by the end of its 2013 session.

Continue Leave a Comment December 7, 2012

Second Circuit delays briefing in DOMA case pending Supreme Court review

The Second Circuit grants a motion filed by the Obama Administration seeking to suspend the briefing schedule in the Pedersen v. OPM case challenging the constitutionality of the Defense of Marriage Act pending possible Supreme Court review of the case.

Continue 1 Comment November 28, 2012

Second Circuit Declares DOMA Unconstitutional in Windsor

A 3-judge panel of the Second Circuit Court of Appeals upholds a district court ruling striking down Section 3 of DOMA as unconstitutional in the Windsor case. Significantly, the panel’s decision is the first Second Circuit ruling to hold that laws pertaining to gays and lesbians should be considered under more searching heightened scrutiny level of review.

Continue 3 Comments October 18, 2012

Second Circuit Hears Oral Arguments in Windsor Case

A 3-judge panel of the Second Circuit Court of Appeals in Manhattan hears oral arguments in the appeal of a district court ruling striking down DOMA and awarding a tax refund to Edie Windsor.

Continue 1 Comment September 27, 2012

BLAG Files Appeal Pedersen Decision with Second Circuit

BLAG appeals the district court decision striking down DOMA in the Pedersen case to the Second Circuit Court of Appeals.

Continue 1 Comment September 26, 2012

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