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Equality news round-up: will Chief Justice Roberts vote to strike down DOMA?, and more
July 5, 2012
Marriage equality Marriage Equality Trials
By Scottie Thomaston
- In case you missed it, the district court judge in Pedersen v. OPM denied the Bipartisan Legal Advisory Group’s motion to stay the proceedings while Windsor v. USA is on appeal to the Second Circuit. Since the stay request was rejected, the judge is now free to issue a ruling on the merits.
- Ari Ezra Waldman has a piece at Towleroad on the Justice Department’s two petitions for certiorari in DOMA challenges. And here at P8TT Lambda Legal’s Jon Davidson answers questions on these developments.
- Chris Stoll from the National Center for Lesbian Rights wonders if Chief Justice John Roberts might vote to strike down DOMA.
- Chris Johnson of the Washington Blade has a report about the next steps for LGBT health care reform now that the Patient Protection and Affordable Care Act was upheld as constitutional by the Supreme Court in National Federation of Independent Business v. Sebelius.
- Via Think Progress, it turns out that the fears of military chaplains leaving in huge numbers if Don’t Ask, Don’t Tell was repealed were a bit exaggerated.
- Via Pam Spaulding, a court in Sweden tossed out a rape charge because the accused rapist thought the victim’s gender was female and the victim is male.
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5 Comments Leave a Comment
1.
Don | July 5, 2012 at 4:01 pm
According to my calculations, the deadline for BLAG filing their Petition for Cert in the Employee Benefits case of Diaz v. Brewer expires today. Does anyone have any updated information? Thanks
2.
Scott Wooledge | July 5, 2012 at 5:26 pm
Lambda Legal says: "July 2, 2012 Defendants ask the U.S. Supreme Court to consider the case."
I kinda doubt this meets the bar for SCOTUS review, given they turn down 98% of requests. Just my inclination… State law, found unconstitutional twice.
Mostly a case that examines suspect class issues, so it doesn't probably examine any ground that DOJ's request for precedent clarification on DOMA won't also cover. If they say yes to DOMA (and they probably will), there's no compelling reason for the SCOTUS to take this case on.
3.
Don | July 5, 2012 at 10:04 pm
Bear with me, but here is my wishful thinking. The legal stuff that follows will be very simplistic, but will still convey the concept. Perry involved straights and gays who both had a right. This right was taken away only from the gays and the reasons did not meet constitutional muster.
Diaz involved straights and gays state employees who both had health benefits. The health benefits were taken away only from the gays and the reasons (to save money) did not meet constitutional muster.
If the SCt does not grant cert in Diaz, it will become final for the 9th Circuit in late Sept or early Oct. If the Court grants cert in Perry, wouldn't it make sense to also at least take up Diaz?
Michigan has recently passed a state law saying the all the current domestic partnerships granted by cities and universities were no longer valid. The law also prevents any new partnerships only for gays.
There are dozens of cities and universities where this is currently going on.
OK, the Ct tries to limit their ruling to as limited a ground as possible. And to what extent will all this affect numerous States and will that make a difference?
If the Court overturns DOMA, would that automatically affect Diaz (and how could that be if Diaz has already become final?)
Have at it, my friends.
4.
Str8Grandmother | July 8, 2012 at 4:58 am
Don I really like the way you summarized and simplified the legal questions. Sorry you didn't get any takers. This pick on the gays crap has got to end soon.
5.
SHOES THROWER | August 1, 2012 at 2:12 am
Important to remember is that no final decision on the merits was issued in Diaz; the present petition concerns a ruling that affirmed the denial of a motion to dismiss as well as a grant of a preliminary injunction. If the Supreme Court denies cert in Diaz, the case goes back to the district court for a decision on the merits
And yes, under current Ninth Circuit precedent, the law at issue in <Diaz must be struck down by the district court.
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