On February 21 and 22 the parties in United States v. Windsor, No. 12-307, the pending challenge to Section 3 of the Defense of Marriage Act (DOMA), filed briefs in the Supreme Court in compliance with the expedited briefing schedule that the Court ordered shortly after granting the Solicitor General’s petition to hear the case.  The Justice Department (DOJ) filed two briefs, the first addressed to the merits (whether Section 3 violates the 5th Amendment’s equal protection requirement) and the second addressed to jurisdiction (whether the case presents the Court with a real ‘case or controversy’ and whether the Bipartisan Legal Advisory Group of the House of Representatives [BLAG] has constitutional “standing” to participate as a party).  BLAG and counsel for Edith Windsor filed briefs on the jurisdictional questions as well.  On February 26, counsel filed a brief on the merits for Windsor.

 

For the full story access the March 2013 issue of Lesbian/Gay Law Notes