DOMA lawsuit: A layman’s guide to the questions posed at today’s Golinski v. OPM district court hearing
December 16, 2011
By Jacob Combs
Yesterday, I posted about today’s district court hearings in Golinski v. OPM which included a list of questions posed by the judge to both parties in the case. Today, The Advocate’s Andrew Harmon has an overview of the hearings, along with a great layman’s translation of the court’s questions. In Harmon’s words, the questions to be addressed today include:
- How does treating some state sanctioned marriages different from others promote consistency or maintain the status quo?
- How does the withholding of federal benefits to children of families with same-sex parents encourage responsible parenting and child-rearing?
- Is the [Bipartisan Legal Advisory Group] actually bipartisan? Does BLAG have the support – and funding for the increasing cost of defending DOMA – from a majority of Congress or just from the House of Representatives?
- How does BLAG distinguish the line of authority treating classifications based on religious affiliation as a suspect class from classifications based on sexual orientation?
In addition, today’s arguments will address the proper level of judicial scrutiny that should be applied to DOMA, which was the first time the federal government interjected itself into what has traditionally been an exclusive state issue.