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Is the Supreme Court about to review the Defense of Marriage Act?
Metro Weekly reports that the Bipartisan Legal Advisory Group, led by Republican House members, mailed in its petition today to the Supreme Court following the May 31 ruling by the US Court of Appeals for the First Circuit that found DOMA's federal definition of marriage to be unconstitutional.
More after the jump!
Metro Weekly obtained a copy of the filing. In it, BLAG asks the Supreme Court, which must agree to review the case, to consider it for three reasons:
(1) The constitutionality of DOMA Section 3 is "an issue of great national importance" and raises separation-of-powers questions;
(2) The First Circuit decision conflicts with the Supreme Court's 1972 decision in Baker v. Nelson and other appellate decisions;
(3) The First Circuit "invented a new standard of equal protection review."
Speaking for the First Circuit court, Judge Michael Boudin wrote in their decision (which BLAG now seeks to appeal): "Under current Supreme Court authority, Congress' denial of federal benefits to same-sex couples lawfully married in Massachusetts has not been adequately supported by any permissible federal interest."
He also acknowledged that "Supreme Court review of DOMA is highly likely," and as such, the appeals court stayed the implementation of its decision pending any appeal.
It appears the time for that appeal is now, assuming the Supreme Court decides to review the case.
Thus far, DOMA hasn't held up under judicial review. Let's see what the highest court in the land has to say about it!
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