Setback for U.S. on DOMA

Dan82 · May 28, 2012

http://www.scotusblog.com/2012/05/setback-for-u-s-on-doma/

The Obama Administration’s plea to speed up an appeals court’s review of the constitutionality of the federal Defense of Marriage Act’s ban on federal benefits for same-sex married couples has met a temporary setback. In an order issued last week (found here), the Ninth Circuit Court denied the Administration’s plea to send the case to an 11-judge en banc court, bypassing a three-judge panel. That means the case will stay with the three-judge panel, which is probably bound by a Circuit precedent that will work against the government’s challenge to the ban..

Two months ago, the government filed its plea for initial en banc review of the case of Golinski v. Office of Personnel Management (Circuit dockets 12-15388 and 12-15409). At least part of the strategy was to put the case before a court that would not have to follow the 1990 Circuit Court ruling in the case of High Tech Gays v. Defense Industry. That decision established that laws treating gays and lesbians differently will be upheld if they merely satisfy “rational basis” review — the easiest-to-meet constitutional standard...

http://www.scotusblog.com/2012/05/setback-for-u-s-on-doma/
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Revan · May 28, 2012

I don't understand this at all. Why would they stay it with the three-person court? Are they all religious idiots or something who don't want gays getting benefits, or is it really a more political thing that I just don't understand...

Setback for U.S. on DOMA

Dan82
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Setback for U.S. on DOMA

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