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Supreme Court Arguments Suggest DOMA May Be Doomed

Supreme Court Arguments Suggest DOMA May Be Doomed

BY ARTHUR S. LEONARD | The Supreme Court, on March 27, heard oral arguments in Edith (“Edie”) Schlain Windsor’s suit challenging the constitutionality of the 1996 Defense of Marriage Act’s ban on federal recognition of marriages by same-sex couples. As was the case the day before when the high court took up the challenge to Proposition […]

Obama Supreme Court Brief Attacks DOMA on the Merits

Obama Supreme Court Brief Attacks DOMA on the Merits

BY ARTHUR S. LEONARD | Arguing that all government policies that discriminate based on sexual orientation should be treated by the federal courts as presumptively unconstitutional, the Obama administration has filed its brief with the Supreme Court in the Defense of Marriage Act case in which oral arguments are scheduled for March 27. The case was […]

Will Supreme Court Rule on DOMA?

Will Supreme Court Rule on DOMA?

BY ARTHUR S. LEONARD | When the Supreme Court accepted the petition by the US solicitor general that it take up Edie Windsor’s lawsuit against the federal Defense of Marriage Act (DOMA), it posed two questions that could derail any quick resolution about the 1996 law’s constitutionality. First, the solicitor general must address whether the federal […]

Prop 8, DOMA Defenders Rely on Federalism

Prop 8, DOMA Defenders Rely on Federalism

BY ARTHUR S. LEONARD | On January 22, attorneys defending California’s Proposition 8 and those defending the federal Defense of Marriage Act (DOMA) against constitutional challenges filed briefs on the merits with the United States Supreme Court. Given what they were defending, the two briefs struck me as extremely well written and well argued, and though […]