August 3, 2012
By Scottie Thomaston
The Southern Poverty Law Center brought a challenge to Section 3 of the Defense of Marriage Act, Cooper-Harris v. USA, on behalf of a military veteran who was diagnosed with multiple sclerosis as a result of her job. The case has been pending before the district court in the Central District of California, but the Bipartisan Legal Advisory Group (BLAG) who is defending the law for the House Republicans, asked the court to stay the proceedings in the case pending the outcome of another case, Golinski v. OPM, on expedited appeal to the Ninth Circuit and now before the Supreme Court for possible review.
The court today denied the motion to stay the proceedings. The judge discussed the relevant factors to consider in a motion to stay proceedings, laid out previously in the case Lockyer v. Mirant Corp., “1) damage that could result from granting the stay; 2) hardship that may result if the stay is denied; and 3) following an “orderly course of justice” measured in the simplification or complication of “issues, proof, and questions of law” that may result from a stay being granted[.]” The judge denied the stay of proceedings, writing that, “After weighing the Lockyer factors, the Court DENIES the Advisory Group’s Motion to Stay Proceedings.” The case will continue along its normal path and the district court will issue a decision on the merits.
Here is the filing, h/t Kathleen:50