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Justice Department Files Briefings in Appeals of Gill and Massachusetts

The Department of Justice files its opening brief in the appeals of Gill v. OPM and Massachusetts v. HHS, two companion decisions striking down Defense of Marriage Act as unconstitutional.

In the brief, the federal government argues that DOMA survives rational basis scrutiny, basing that argument on three main points: (1) DOMA preserves a certain status quo at the federal level while allowing states to experiment with marriage equality, (2) DOMA allows for a single, federal application of law in an area where state laws differ and (3) DOMA allows each state to choose its own course on marriage equality (that is, it keeps states from being forced to accept marriages for gays and lesbians if another state decides to offer them).

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