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12-13 #1

12-13 #1

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Published by Equality Case Files
Petition for Cert filed with U.S. Supreme Court by Bipartisan Legal Advisory Committee in Massachusetts DOMA cases
Petition for Cert filed with U.S. Supreme Court by Bipartisan Legal Advisory Committee in Massachusetts DOMA cases

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Published by: Equality Case Files on Jun 29, 2012
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11/15/2012

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No.
 
 ____ In The
Supreme Court of the United States
 ________________ 
 B
IPARTISAN
L
EGAL
 A 
DVISORY 
G
ROUP OF THE
U
NITED
S
TATES
H
OUSE OF
R
EPRESENTATIVES
,
 Petitioner
,v.N
 ANCY 
G
ILL
,
ET AL
.,
Respondents
.
 ________________ 
 
On Petition for a Writ of Certiorari to theUnited States Court of Appealsfor the First Circuit
 ________________ 
 
PETITION FOR A WRIT OF CERTIORARI
 ________________ 
 
ERRY 
W.
 
IRCHER
 
General Counsel
W
ILLIAM
P
ITTARD
 
 Deputy General Counsel
C
HRISTINE
D
 AVENPORT
 
Senior Assistant Counsel
T
ODD
B.
 
T
 ATELMAN
 M
 ARY 
B
ETH
W
 ALKER
 
 Assistant Counsels
O
FFICE OF
G
ENERAL
C
OUNSEL
 U.S.
 
H
OUSE OF
 R
EPRESENTATIVES
 219 Cannon House Office Bldg.Washington, D.C. 20515(202) 225-9700P
 AUL
D.
 
C
LEMENT
 
Counsel of Record
H.
 
C
HRISTOPHER
B
 ARTOLOMUCCI
 C
ONOR
B.
 
D
UGAN
 N
ICHOLAS
J.
 
N
ELSON
 B
 ANCROFT
PLLC1919 M Street, N.W.Suite 470Washington, D.C. 20036(202) 234-0090pclement@bancroftpllc.com
Counsel for Petitioner
Case number 12- 13 EQCF Doc #1 Filed 06/29/2012
 
 
QUESTIONS PRESENTED
Section 3 of the Defense of Marriage Act providesthat for purposes of federal law “the word ‘marriage’means only a legal union between one man and onewoman as husband and wife, and the word ‘spouse’refers only to a person of the opposite sex who is ahusband or wife.” 1 U.S.C. § 7.The court of appeals held that Section 3 violatesequal protection. It recognized that Section 3 is notsubject to either “heightened” or “intermediate”scrutiny and that Section 3 passes “conventional”rational basis review. But it struck down Section 3nonetheless based on a new form of review (which itviewed as outcome determinative) said to entail“intensified scrutiny,” “closer than usual review,”and “diminish[ed]” deference to Congress. The courtbased its new standard of review on a fusion of “equal protection and federalism concerns.”The questions presented are:(1) Whether Section 3 of the Defense of Marriage Act violates the equal protection component of theDue Process Clause of the Fifth Amendment; and(2) Whether the court below erred by inventingand applying to Section 3 of the Defense of Marriage Act a previously unknown standard of equalprotection review.
 
ii
PARTIES TO THE PROCEEDING
The Bipartisan Legal Advisory Group of the U.S.House of Representatives was the Intervenor- Appellant in the court below.The U.S. Department of Health and HumanServices, Kathleen Sebelius, in her official capacityas Secretary of the U.S. Department of Health andHuman Services, the U.S. Department of Veterans Affairs, Eric K. Shinseki, in his official capacity asSecretary of the U.S. Department of Veterans Affairs, and the United States of America were Appellants in the court below.The Office of Personnel Management, the U.S.Postal Service, Patrick R. Donahoe, in his officialcapacity as Postmaster General of the United States,Michael J. Astrue, in his official capacity asCommissioner of the Social Security Administration,Eric H. Holder, Jr., in his official capacity as Attorney General of the United States, and theUnited States of America were Appellants/Cross- Appellees in the court below.Nancy Gill, Marcelle Letourneau, Martin Koski,James Fitzgerald, Mary Ritchie, Kathleen Bush,Melba Abreu, Beatrice Hernandez, Jo AnnWhitehead, Bette Jo Green, Randell Lewis-Kendell,Herbert Burtis, Marlin Nabors, Jonathan Knight,Dorene Bowe-Shulman, Mary Bowe-Shulman, andthe Commonwealth of Massachusetts were Appelleesin the court below.Dean Hara was an Appellee/Cross-Appellant in thecourt below.

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