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BLAG Requests Denial of Summary Judgment in Windsor

The Bipartisan Legal Advisory Group (BLAG) of the House of Representatives files a motion opposing the ACLU’s request for summary judgment and requesting that her lawsuit be dismissed by the district court.  BLAG is composed of the House’s Democratic and Republican leadership, and is responsible for overseeing the actions of the House Office of General Counsel.  Regarding DOMA, BLAG votes on party lines 3-2 to defend the law.

Attorney Paul Clement, writing on behalf of BLAG, writes in another filing accompanying the motion:

 “Plaintiff is not entitled to judgment as a matter of law. Her claim to summary judgment fails at the threshold: Contrary to her arguments, no form of heightened scrutiny applies to Section 3 of the Defense of Marriage Act (“DOMA”). Rather, DOMA is subject only to rational basis review. And (as made clear in the memorandum of law simultaneously filed by the United States House of Representatives’ Bipartisan Legal Advisory Group (the “House”) in support of its motion to dismiss), DOMA easily passes the rational basis test and does not violate the Equal Protection component of the Fifth Amendment.”

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