Appeals Court will hear DOMA arguments next Wednesday

Photo caption: Same-sex couple Nowlin Haltom, left, and Michael McKeon hold a sign calling for the right to marry outside the county clerk's office in Los Angeles on Valentine's Day.

The Washington Blade reports that the First Court of Appeals in Boston will hear oral arguments about the matter next week.

On Wednesday starting at 10 a.m., a three-judge panel on the First Circuit Court of Appeals will hear arguments on DOMA, which prohibits federal recognition of same-sex marriage, marking the first time an appellate court has considered the constitutionality of the statute.

Normally, oral arguments before the court last 30 minutes, but that time has been extended for an entire hour because judges are hearing two cases: Gill v. Office of Personnel Management, filed by Gay & Lesbian Advocates & Defenders, and Commonwealth of Massachusetts v. Department of Health & Human Services, filed by Massachusetts Attorney General Martha Coakley.

The arguments that attorneys will make before judges will likely reflect the basis of the lawsuits they filed. GLAD contends that DOMA violates its plaintiffs’ rights under the Equal Protection Clause, while the State of Massachusetts has said DOMA interferes with a state’s Tenth Amendment right to regulate marriage. The Justice Department will likely join in these arguments.

On the other side, [Paul] Clement will likely argue that DOMA is justified because it ensures uniformity with marriage laws and that marriage should be reserved for opposite-sex couples to ensure procreation.

Towleroad adds: Of the three judges on the panel, one, Chief Judge Sandra Lynch, was nominated by a Democrat, Bill Clinton. The other two, Judges Juan Torruella and Michael Boudin were nominated by Ronald Reagan and GHW Bush.

There's no timeline on when they will deliver their verdict, but I'd bet dollars to donuts President Obama hopes it's before the election: that way his administration, which opposes DOMA, can claim a gay win without having to come out whole-heartedly for marriage equality.

Comments

Post a Comment

Popular posts from this blog

Ric Alonso resigns from pageant association after porn revelation

Image
Kevin Hogan wasn't the only person this week ambushed out of a job for his participation in the gay adult film industry. FOX News reports : Ric Alonso and his partner of 21 years, Ernie Koneck, have both been both prominent power players in the Southern California Scholarship Association — an incorporated not-for-profit association — which produces the Miss Hollywood pageant, an official preliminary to Miss California, and a feeder to Miss America. Alonso is listed as the first “major sponsor” for 2011 scholarship donations, while partner Koneck has been the pageantry point of contact and is featured in photographs alongside the smiling young sashed pageant contestants. On Tuesday, Alonso was exposed by RadarOnline as adult film actor and producer "Jake Cruise". FOX News adds: Following the revelation, Koneck announced his resignation Tuesday as Executive Director of the Southern California Scholarship Association, and said Alonso was in no way involved in the Miss Holl
Read more

Regarding the Barry Manilow concert in Coral Gables

Image
[ Editor's note ] Three monumental things have happened to me at the BankUnited Center. In 2004, my high school held its graduation ceremony there. In 2008, I heard presidential nominee Barack Obama speak about the future. And this past Saturday night, I saw the incomparable Barry Manilow perform in concert. To say that Barry remains every bit the superstar I was hoping for is putting it mildly. At 67 years young, he brought all the magic, the smiles, and the bandstand boogie he's famous for and then some. Funny, talented and charmingly self-deprecating, Barry Manilow remains without equal. Admittedly, the night started off rather poorly. Barry’s opening act was a man named Gerry McCambridge who has allegedly been wowing audiences at Planet Hollywood in Las Vegas since 2005. As the creative force and inspiration behind the TV show The Mentalist , McCambridge's schtick is to do clever things with numbers. Honestly, I've never thought that doing anything with numbers w
Read more

Gay porn actor Timothy Boham found guilty of murder in Denver

Image
Update on last week's story . Towleroad reports : It was almost two-and-a-half years ago when Timothy Boham (known also by his adult film persona Marcus Allen) was taken into custody just steps away from the Mexico border, on the run following the murder of Denver businessman John "JP" Kelso.Yesterday he was convicted of murdering Kelso, his former boss and sexual partner, and will spend the rest of his life in jail: Timothy Boham, 28, was found guilty by a nine-woman, three-man jury in Denver District Court of first-degree murder after deliberation, felony murder and aggravated assault. Colorado law mandates that someone found guilty of first-degree murder must spend the rest of their life in prison, without the possibility of parole. Judge Will Hood Jr. will hand down the sentence Tuesday. The jury took less than five hours to convict Boham, whose lawyers — Amber St. Clair and Kristan Wheeler — claimed that his victim, wealthy Denver businessman J.P. Kelso, committed su
Read more