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Art Leonard Observations

District Court Allows Binational Couple Seeking Spousal Visa to Challenge DOMA Section 3

Posted on: March 2nd, 2012 by Art Leonard 2 Comments

U.S. District Judge Harry D. Leinenweber (N.D. Ill.) ruled on January 5, 2012, in Revelis v. Napolitano, 2012 WL 28765, that an action by a married same-sex couple seeking a declaration that Section 3 of the Defense of Marriage Act is unconstitutional in the context of their application for a spousal visa meets the requirements for Article III jurisdiction, even though their application has not yet been denied by the United States Citizenship & Immigration Service (USCIS), a unit of the Homeland Security Department. Judge Leinenweber also granted an application by the Bipartisan Legal Advisory Group of the House of Representatives to intervene as a defendant in the case, inasmuch as the named defendants, pursuant to last year

2 Responses

  1. serns says:

    Why’d the US Attorney’s office file the motion to dismiss, any idea? It doesn’t seem like the Obama Administration wants to fight it, so why delay?

  2. Art Leonard says:

    The Obama Administration’s position is that they continue to enforce DOMA. Their dismissal motion was not on the merits. It was based on arguments of standing and ripeness. The defense trial attorney’s job is to get rid of the case any way they can.

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