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BLAG Appeals Gill and Massachusetts to Supreme Court

The Bipartisan Legal Advisory Group, which is defending DOMA on behalf of the House of Representatives, files a petition for a writ of certiorari with the Supreme Court in the combined Gill and Massachusetts case.  BLAG presents two questions to the Court in its filing:

(1) Whether Section 3 of the Defense of Marriage Act violates the equal protection component of the Due Process Clause of the Fifth Amendment; and

(2) Whether the court below erred by inventing and applying to Section 3 of the Defense of Marriage Act a previously unknown standard of equal protection review

BLAG also argues that the fact that President Obama has ceased to defend DOMA and the House has had to step in instead creates a further need for the judiciary to resolve any separations of power issues.

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