The DOMA question is also presented in Office of Personnel Management (OPM) v. Golinski and OPM v. Pedersen. Golinski is a petition for review before judgment by the Ninth Circuit, and Pedersen also is pending in the Second Circuit. Karen Golinski's high court counsel is Jon Davidson of Lambda Legal. Joanne Pedersen is represented by GLAD's Mary Bonauto.
"We now have every reply to the reply to the reply," chuckled Jenner's Smith, adding there are no past clues to suggest what the justices will do. The lawyers challenging DOMA have been working together, he said, noting there is a long history of coordination among GLAD, the ACLU and Lambda. "There has been a lot of effort to make sure whatever case it is, it is the strongest possible one. All I really think the court should do is take the case they think is the most appropriate," Smith added. "While the cases are all as-applied challenges technically, all the justifications are the same across the board."
Marcia Coyle writes for The National Law Journal, a Daily Report affiliate.