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BLAG Asks Second Circuit to Halt Oral Arguments in Windsor Case

BLAG files a brief with the Second Circuit, asking it to postpone oral arguments in Windsor until the Supreme Court either approves or denies Edie Windsor’s petition for a writ of certiorari.  Oral arguments had been scheduled to take place in New York on September 27, but BLAG writes that “it is likely that the Supreme Court will act on the above petitions [the other DOMA petitions at the Supreme Court]—including the petition in this case—in early October, a very short period of time after September 27, when oral argument in this case currently is schedule.”

In its brief, BLAG points to the Ninth Circuit, which vacated oral argument scheduled for September in the Golinski DOMA case pending a possible Supreme Court review, to support its request.

In a response brief filed on August 20, 2012, Edie Windsor points out that “the Second Circuit is the only federal circuit in which all states permit same-sex couples to marry” and that the circuit has not ruled on the level of constitutional scrutiny to use when considering laws that affect gays and lesbians.  Because of that, she writes that it is “vitally important that the Second Circuit be heard on this issue and be heard as expeditiously as possible in order to ensure that legally married same-sex couples in New York, Connecticut, and Vermont are protected from the daily unconstitutional burdens and indignities imposed by DOMA.”

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