June 26, 2012
By Scottie Thomaston
Thanks to Kathleen for these documents
Dragovich v. US Dept. of Treasury was decided on May 24, in a decision by District Court Judge Claudia Wilken striking down the Defense of Marriage Act as unconstitutional. In the ruling, the judge said the Act violated the plaintiffs’ guarantee of equal protection, and in the process, said that two longstanding precedents – Baker v. Nelson and Adams v. Howerton don’t apply to the case.
After the ruling, there was uncertainty over whether and when the Bipartisan Legal Advisory Group (BLAG), the group defending DOMA for the House Republicans, would appeal the decision to the Ninth Circuit Court of Appeals. Typically, they were appealing DOMA cases quickly after judgment was entered. In this case, they waited, and with all the other challenges making their way through the courts – including the Gill/Massachusetts First Circuit case in which BLAG is expected to petition the Supreme Court for certiorari before the end of this month – no one knew if this case would go any further.
Today, BLAG has filed its notice of appeal to the Ninth Circuit:
So now we know they will ask the Ninth Circuit to hear and decide Dragovich, perhaps around the same time as its oral arguments in Golinski later this year.