DOJ brief filed in another Mass. case challenging DOMADale Carpenter writing at The Volokh Conspiracy: “Today the DOJ filed its motion to dismiss in another case challenging the Defense of Marriage Act, Gill v. OPM, pending in a Massachusetts district court. It argues that DOMA is constitutional because (1) there is no basis for applying heightened scrutiny to the denial of federal benefits to same-sex couples married in Massachusetts, and (2) DOMA is rationally related to the federal interest in preserving the status quo and in following longstanding practices while letting states experiment with same-sex marriage.” The motion is here: Memorandum of Law in Support of Defendants’ motion to dismiss in Gill v. Office of Personnel Management, No. 1:09-cv-10309 JLT (D. Mass.) MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS
|