The Obama Administration’s fight against the defence of Marriage Act won’t get its day in court until mid-September.The administration is fighting the act’s ban on federal benefits for same-sex married couples.
The administration tried to speed up an appeals court’s review of the constitutionality of the act.
But the Ninth Circuit Court denied the request to send the case to a 11-judge en banc court, deciding instead the case will stay with a three-judge panel, SCOTUSblog reports.
The Ninth Circuit’s decision will make it harder on Obama since the the three-judge panel is bound by Circuit precedent.
Precedent, which was set in 1990, stipulates that laws treating gays and lesbians differently from heterosexuals can be upheld if they satisfy the “rational bias” review, the easiest constitutional standard to meet, according to SCOTUSblog.
Rational bias tests whether a governmental action is a reasonable means to an end.
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