9th Circ. Won't Hear DOMA Appeal En Banc In Benefits Case

Law360, New York (May 22, 2012, 6:49 PM EDT) -- The Ninth Circuit on Tuesday denied the federal government's petition for an initial en banc review of its challenge to a lower court judge's finding that the Defense of Marriage Act discriminates against same-sex couples by denying them benefits given to heterosexuals.

The decision means the case, which was filed after the U.S. Office of Personnel Management denied health insurance coverage to the same-sex wife of a Ninth Circuit staff attorney, will proceed to an expedited oral argument in September as was decided in April by...
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