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Just saw this written up by Scottie Thomaston but I don't see it here...yet.

BLAG has formally appealed the First Circuit's "Gill" decision, in which Section 3 of the Defense of Marriage Act was ruled unconstitutional, to the Supreme Court. If heard it will now, apparently, be referred to as "Bipartisan Legal Advisory Group of the House of Representatives vs Nancy Gill, et.al." BLAG's petition for a writ of certiorari can be found here.

I haven't yet read it but I think the lines of thought BLAG uses are pretty apparent...judicial overreach, Obama administration's refusal to continue defending DOMA, references to the 1972 Baker decision. The latter involved a situation where NO jurisdiction in the world, let alone in the US, actually recognized same-sex marriages and the case was rejected on that basis. As we know, things have changed.

There's been considerable debate recently as two which of the two arms of marriage equality case should be heard by the Court first--the challenges to DOMA or the California Prop 8 case.

It seems pretty that, while the Prop 8 case (originally Perry vs Schwartzenegger, now Perry vs Brown) will likely be heard during the court's 2012-2013 term, DOMA officially on the books.

This will undoubtedly be interesting. And I hope BLAG is ready to lose because they can't seem to reason themselves out of forty years ago.

Originally posted to sfbob on Fri Jun 29, 2012 at 04:03 PM PDT.

Also republished by LGBT Kos Community, Angry Gays, Milk Men And Women, and Invisible People.

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