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12-2335 #283

12-2335 #283

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Published by Equality Case Files
Doc #283 - SAGE, et al., motion for leave to file amicus brief
Doc #283 - SAGE, et al., motion for leave to file amicus brief

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Published by: Equality Case Files on Sep 07, 2012
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Case: 12-2335

Document: 283

Page: 1

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500
MOTION INFORMATION STATEMENT Docket Number(s): Motion for:

12-2335-cv(L)

Caption [use short title1

Leave to File Brief as Amici Curiae Windsor v. Bipartisan Legal Advisory Group

Set forth below precise, complete statement of relief sought:

SAGE, NSCLC and ASA request leave to file a brief as amici curiae in support of PlaintiffAppellee.

MOVING PARTY: SAGE, NSCLC and ASA, Amici laintiff UDefendant FlAppellant/Petitioner 0 Appellee/Respondent

P

Curiae OPPOSING PARTY:

MOVING ATTORNEY:

Joseph F. Trinaali

Simpson Thacher & Bartlett LLP 425 Lexington Avenue, New York, NY 10017 (212) 455-2000 itringaliRstblaw.com
Court-Judge/Agency appealed from: Please check appropriate boxes:

OPPOSING ATTORNEY: [name of attorney, with firm, address, phone number and e-mail]

U.S. District Court, S.D.N.Y. (Jones, J.)
FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has request for relief been made below? Yes Has this relief been previously sought in this Court? _Yes Requested return date and explanation of emergency:

Has movyntrpotified opposing counsel (required by Local Rule 27.1): ejYesuNo (explain): Opposincounsel's position on motion:  Unopposed pposed on't Know Does opposing counsel intend to file a response: Yes No 9Don't Know

No No

9 E2

Is oral argument on motion requested? Has argument date of appeal been set? Signature of Moving Attorney:

9Yes 9 Yes

No (requests for oral argument will not necessarily be granted) No If yes, enter date:

/s/ Joseph F. Tringali

Date:

Sept. 7, 2012

Service by:

rg CM/ECF

9 Other [Attach proof of service]

ORDER
IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED. FOR THE COURT: CATHERINE O'HAGAN WOLFE, Clerk of Court Date:

Form T-1080 (rev. 7-12)

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
----------------------------------------------------------------x Edith S. Windsor, in her official capacity as : the Executor of the Estate of Thea C. Spyer , : : : Plaintiff-Appellee, : : vs. : : Bipartisan Legal Advisory Group of the U.S. : : House of Representatives, : : Intervenor-Defendant-Appellant, : : : United States of America, : Defendant-Appellant. : : ----------------------------------------------------------------x

Case No.: 12-2335-cv (L) 12-2435-cv (Con)

MOTION OF SERVICES AND ADVOCACY FOR GAY, LESBIAN, BISEXUAL AND TRANSGENDER ELDERS (SAGE), NATIONAL SENIOR CITIZENS LAW CENTER AND AMERICAN SOCIETY ON AGING FOR LEAVE TO FILE THE ACCOMPANYING BRIEF AS AMICI CURIAE IN SUPPORT OF PLAINTIFF-APPELLEE

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Pursuant to Rule 29(b) of the Federal Rules of Appellate Procedure, Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders (“SAGE”), the National Senior Citizens Law Center (“NSCLC”) and the American Society on Aging (“ASA”) respectfully request leave to file the accompanying brief as amici curiae in support of Plaintiff-Appellee. All parties to this appeal have consented to the filing of this amicus brief. SAGE is a national organization that offers supportive services and consumer resources to lesbian, gay, bisexual and transgender (“LGBT”) older adults and their caregivers, advocates for public policy changes that address the needs of LGBT older people, and provides training for aging providers and LGBT organizations. In partnership with constituents and allies, SAGE works to achieve a high quality of life for LGBT older adults, supports and advocates for their rights, fosters a greater understanding of aging in all communities, and promotes positive images of LGBT life in later years. As the country’s largest and oldest organization dedicated to improving the lives of LGBT older adults, SAGE has a vested interest in challenging the constitutionality of laws like DOMA that prevent legally married same-sex couples from accessing federal safety net programs and benefits that are intended to assist Americans as they age. As an organization representing more than 2,000 LGBT elders in New York City, and working in connection with 25 local SAGE affiliate

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organizations in 17 different states and the District of Columbia, SAGE is wellpositioned to provide the Court with unique insight on how discriminatory laws like DOMA detrimentally impact the health and economic well-being of LGBT elders, one of the country’s most underserved populations. NSCLC is an organization dedicated to protecting the rights of low-income older adults. For the past 40 years, NSCLC has sought to ensure the health and economic security of older adults with limited income and resources. Through advocacy, litigation, and the education and counseling of local advocates, NSCLC works to promote the independence and well-being of low-income elderly and persons with disabilities, especially disadvantaged minorities, including the elderly LGBT community. Because of its commitment to ensuring the economic security of older adults by protecting their access to the federal benefits programs that allow low-income older adults to live with dignity and independence, NSCLC has a vested interest in challenging the constitutionality of laws like DOMA that deprive legally married same-sex older adults of the benefits that help them to live free from the worry and pain that the threat of poverty can bring. ASA is an association of diverse individuals in aging and aging-related fields who want to promote the well-being of aging people and their families. ASA’s membership is multidisciplinary and includes professionals who are concerned with the physical, emotional, social, economic and spiritual aspects of

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aging. ASA offers nationally recognized professional education, publications, and information on responding to the ever-growing needs of the aging population. Because ASA’s members wish to enhance the quality of life of all older adults and work to ensure that racial and other disparities are reduced, and because DOMA diminishes the quality of life for legally married LGBT elders and reinforces economic and other disparities, ASA has an interest in challenging the constitutionality of DOMA. SAGE, NSCLC and ASA submit this brief for the purpose of illustrating to the Court the tangible and disparate impact that DOMA has on the lives and financial well-being of LGBT elders as compared with their similarly situated heterosexual peers. This brief discusses five federal benefits and protections afforded to heterosexual spouses – Social Security benefits, protected leave under the Family and Medical Leave Act, retiree health insurance benefits, qualified deferred tax retirement plans, and the marital deduction under the federal estate tax – to show how the denial of federal marital benefits to LGBT elders heightens the threat of financial insecurity in the growing LGBT elderly population.

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For these reasons, SAGE, NSCLC and ASA respectfully request that they be granted leave to file the accompanying brief as amici curiae in support of PlaintiffAppellee.

Dated: New York, New York September 7, 2012

Respectfully submitted, SIMPSON THACHER & BARTLETT LLP By: /s/ Joseph F. Tringali_____ Joseph F. Tringali Alexandra C. Pitney Nicholas S. Davis 425 Lexington Avenue New York, New York 10017 (212) 455-2000 jtringali@stblaw.com Counsel for Amici Curiae, Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders (SAGE), National Senior Citizens Law Center and American Society on Aging

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CERTIFICATE OF SERVICE & CM/ECF FILING 12-2335-cv(L), 12-2435-cv(CON) I hereby certify that I caused the foregoing Motion for Leave to File Brief as Amici Curiae to be served on All Counsel via Electronic Mail generated by the Court’s electronic filing system (CM/ECF) with a Notice of Docket Activity pursuant to Local Appellate Rule 25: For the Defendant-Appellant: Paul D. Clement H. Christopher Bartolomucci Conor B. Dugan Nicholas J. Nelson BANCROFT PLLC 1919 M Street, N.W., Suite 470 Washington, D.C. 20036 (202) 234-0090 Of counsel: Kerry W. Kircher, General Counsel William Pittard, Deputy General Counsel Christine Davenport, Senior Assistant Counsel Todd B. Tatelman, Assistant Counsel Mary Beth Walker, Assistant Counsel OFFICE OF GENERAL COUNSEL UNITED STATES HOUSE OF REPRESENTATIVES 219 Cannon House Office Building Washington, D.C. 20515 (202) 225-9700 For Plaintiff-Appellee: Roberta A. Kaplan Andrew J. Ehrlich Jaren Janghorbani PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, New York 10019-6064 Tel. (212) 373-3000 James D. Esseks Rose A. Saxe AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street New York, New York 10004-2400 Tel. (212) 549-2500 Melissa Goodman Arthur Eisenberg Mariko Hirose NEW YORK CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 19th Floor New York, New York 10004 Tel. (212) 607-3300

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For the United States: Michael Jay Singer August E. Flentje Civil Division, U.S. Department of Justice 950 Pennsylvania Ave., N.W., Room 7228 Washington, DC 20530-0001

I certify that an electronic copy was uploaded to the Court’s electronic filing system. Three hard copies of the foregoing Motion for Leave to File Brief as Amici Curiae were sent to the Clerk’s Office by hand delivery to: Clerk of Court United States Court of Appeals, Second Circuit United States Courthouse 500 Pearl Street, 3rd floor New York, New York 10007 (212) 857-8500 on this 7th day of September 2012. /s/ Nadia Oswald-Hamid Nadia Oswald-Hamid

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