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House Republicans withdraw from more DOMA cases

DOMA trials LGBT Legal Cases Marriage equality Marriage Equality Trials

By Scottie Thomaston

The U.S. Supreme Court struck down Section 3 of DOMA last month.
The U.S. Supreme Court struck down Section 3 of DOMA last month.

Bishop v. United States (formerly Bishop v. Oklahoma): This case challenges Sections 2 and 3 of the federal Defense of Marriage Act (DOMA) as well as Oklahoma’s ban on marriage equality. The plaintiffs had previously filed a supplemental brief arguing that United States v. Windsor‘s outcome and reasoning means this case should be decided in their favor. Now they have formally asked the court to rule in their favor on their claims challenging the constitutionality of Section 3 of DOMA. Simply put, the statute is invalid on its face after the Supreme Court’s ruling, so the plaintiffs here are asking for final judgment on those claims the Supreme Court decided in Edith Windsor’s challenge. The Justice Department did not oppose the filing, but they did ask fir the chance to respond within 30 days.

Cooper-Harris v. USA: This is a military-related challenge to Section 3 of DOMA and other military benefits statutes. The Bipartisan Legal Advisory Group (BLAG), who had stepped in to defend these statutes on behalf of House Republicans after the Justice Department stopped its defense, had asked to withdraw from this and almost all other DOMA cases. Their request was granted by the court, and their previous motions were also withdrawn.

Blesch v. Holder: This is Immigration Equality’s challenge to Section 3 of DOMA. BLAG requested withdrawal from the case, and the judge granted the request:

“Minute Entry: Premotion conference held by telephone before Chief Judge Amon on 7/26/13. … Intervenor-Defendant’s [BLAG] motion to withdraw as party defendant is GRANTED. Remaining parties to file a letter with the Court by August 21, 2013 apprising Court of status of the case.”

Thanks to Kathleen Perrin for these filings

1 Comment

  • 1. Equality On Trial »&hellip  |  August 5, 2013 at 8:33 am

    [...] issued its decision striking down Section 3 of DOMA in United States v. Windsor, the plaintiffs asked the district court to rule in their favor on the Section 3 claims, since the statute is no longer [...]

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