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House GOP lawyers finally withdrawing the fight for DOMA- defeated

Posted by on Jul. 19, 2013 at 8:00 AM
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Lawyers for House Republicans have withdrawn from a case in Massachusetts in which they were defending the Defense of Marriage Act and a similar statute, citing the Court’s holding that the law is unconstitutional.
The House’s Bipartisan Legal Advisory Group began defending DOMA once the Department of Justice announced that it no longer would, though House Republican leadership voted to take up the case instead.
The case, McLaughlin v. Panetta, was a challenge to the constitutionality of DOMA on behalf of gay and lesbian members of the military and veterans who were being denied benefits.
The Washington Post reports:
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“The Supreme Court recently resolved the issue of DOMA Section 3’s constitutionality,” the House GOP’s lawyers write. ”The Windsor decision necessarily resolves the issue of DOMA Section 3’s constitutionality in this case.”
The document goes on to say that another statute at issue in the case — known as Title 38 — remains unresolved, but says “the House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that statute. Accordingly, the House now seeks leave to withdraw as a party defendant.”
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by on Jul. 19, 2013 at 8:00 AM
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Replies (1-3):
sweet-a-kins
by Emerald Member on Jul. 19, 2013 at 9:54 AM

 House GOP lawyers finally give up on defending DOMA

terpmama
by Bronze Member on Jul. 19, 2013 at 10:13 AM

What did 38 do?

sweet-a-kins
by Emerald Member on Jul. 19, 2013 at 10:39 AM

 

WASHINGTON — U.S. Attorney General Eric Holder announced on Friday in a letter to Congress that the administration would no longer defend in court a law barring married gay troops from receiving spousal benefits.

The statute in question, Title 38, governs employment rights for U.S. service members. Language in the law denies partner benefits to service members and veterans if they’re married to someone of the same-sex, including disability benefits and death compensation.

“The legislative record of these provisions contains no rationale for providing veterans’ benefits to opposite-sex spouses of veterans but not to legally married spouses of veterans,” Holder writes. “Neither the Department of Defense nor the Department of Veterans Affairs identified any justifications for that distinction that could warrant treating these provisions differently from Section 3 of DOMA.”

In the letter, Holder says he determined that Title 38, as it pertains to same-sex couples married under state law, violates the equal protection component of the Fifth Amendment and said he’s instructed his attorneys to no longer defend the law. Holder writes he’ll give Congress the opportunity to defend the law in court and keep enforcing the statute as litigation continues.

Quoting terpmama:

What did 38 do?

 

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