The Obama administration is squarely taking on the Defense of Marriage Act, asking the U.S. Supreme Court today to review a pair of cases challenging the constitutionality of the federal definition of "marriage" contained in the 1996 law -- while continuing to argue the law should be struck down.
In Golinski v. Office of Personnel Management, the California-based case before the U.S. Court of Appeals for the Ninth Circuit, DOJ is asking for the Supreme Court to take the case before the appeals court, which is scheduled to hear oral arguments in the case in September, even decides the case.
DOJ also is asking the Supreme Court to take review of another case, Massachusetts v. Department of Health and Human Services, that was decided by the U.S. Court of Appeals for the First Circuit on May 31. The House Bipartisan Legal Advisory Group, led by the House Republican leadership, had sought review of the case this past Friday, June 29.If the SCOTUS grants cert (they probably will) it would be in September, and arguments about 4 months later. Fingers crossed. With this court, things are far from certain to go our way.