83-year-old asks Supreme Court to review gay marriage ban

[BDBoop]

83-year-old asks Supreme Court to review gay marriage ban | Reuters

(Reuters) - An ailing 83-year-old lesbian asked the Supreme Court on Monday to hear her legal challenge against a federal law that defines marriage as a union between a man and woman, attempting to place her case on a fast-track to the top court.

The suit, filed by Edith Schlain Windsor in 2010, targets the Defense of Marriage Act, a law passed by the U.S. Congress in 1996 that denies federal benefits to lawfully married same-sex couples.

Windsor's petition attempts to bypass the U.S. Court of Appeals, which is slated to hear the case in September.

With Windsor's filing, there are three petitions pending before the Supreme Court over the constitutionality of the Defense of Marriage Act, an issue the high court could take up in oral arguments as early as next spring, said Windsor's lawyer Roberta Kaplan, of Paul, Weiss, Rifkind, Wharton & Garrison LLP.

"This case presents a question of exceptional national importance: the constitutionality of a statute, the Defense of Marriage Act ('DOMA'), that daily affects the lives of thousands of Americans," the petition said.

In June, a New York district court ruled in Windsor's favor, finding that a central provision of the law discriminates against married same-sex couples. The case is now on expedited appeal before the 2nd U.S. Circuit Court of Appeals.

But Windsor's lawyers argue that premature review of her case by the Supreme Court is warranted since the issue is already before the court. Also, Windsor suffers from a heart condition that could end her life before the case is resolved.

Not going to get my hopes up, but at least it's en route to the SCOTUS.

 

[C_Clayton_Jones]

A ruling on DOMA first would be preferable, given six states and the District of Columbia currently recognize same-sex marriage:

The Supreme Court's best option on same-sex marriage cases - Los Angeles Times