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12-307 #1_DOJ Petition

12-307 #1_DOJ Petition

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Published by Equality Case Files
Dkt #1 - USA v. Windsor - DOJ's Petition for Cert Before Judgment. Filed 9/11/12
Dkt #1 - USA v. Windsor - DOJ's Petition for Cert Before Judgment. Filed 9/11/12

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Published by: Equality Case Files on Sep 12, 2012
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03/12/2014

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No. 12-307
 In the Supreme Court of the United States
U
NITED
S
TATES OF
 A 
MERICA 
,
PETITIONER
v.
E
DITH
S
CHLAIN
 W
INDSOR
ON PETITION FOR A WRIT OF CERTIORARI 
 BEFORE JUDGMENT TO THE UNITED STATES
COURT OF APPEALS FOR THE SECOND CIRCUIT 
PETITION FOR A WRIT OF CERTIORARI
BEFORE JUDGMENT
D
ONALD
B. V 
ERRILLI
, J
R
.
 Solicitor GeneralCounsel of Record
S
TUART
F. D
ELERY
 Acting Assistant AttorneyGeneral
S
RI
S
RINIVASAN
 Deputy Solicitor General
P
RATIK
 A. S
HAH
 Assistant to the SolicitoGeneral
M
ICHAEL
J
 AY
S
INGER
 A 
UGUST
E. F
LENTJE
H
ELEN
L. G
ILBERT
 Attorneys Department of JusticeWashington, D.C. 20530-0001 SupremeCtBriefs@usdoj.gov (202) 514-2217 
12-307 EQCF Doc #1 Filed 09/11/2012
 
 
QUESTION PRESENTED
Section 3 of the Defense of Marriage Act (DOMA)defines the term “marriage” for all purposes underfederal law, including the provision of federal benefits,as “only a legal union between one man and one womanas husband and wife.” 1 U.S.C. 7. It similarly definesthe term “spouse” as “a person of the opposite sex whois a husband or a wife.”
 Ibid.
The question presented is: Whether Section 3 of DOMA violates the Fifth Amendment’s guarantee of equal protection of the lawsas applied to persons of the same sex who are legallymarried under the laws of their State.
(I)
 
PARTIES TO THE PROCEEDING
Petitioner, who was a defendant in the district courtand is an appellant in the court of appeals, is the UnitedStates of America.Respondent, who was plaintiff in the district courtand is an appellee in the court of appeals, is EdithSchlain Windsor.The Bipartisan Legal Advisory Group of the UnitedStates House of Representatives intervened to presentarguments in defense of the constitutionality of Section3 of DOMA.
(II)

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