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BLAG Files Motion to Dismiss Pedersen Challenge

BLAG files a motion opposing the Pedersen plaintiffs’ request for summary judgment and asking the Connecticut district court hearing the challenge to dismiss the case.  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.

In its filing, BLAG argues that DOMA should be considered under rational basis review “because it neither implicates a fundamental right nor involves the classification of a suspect class” and writes that DOMA “easily passes” the rational basis test for equal protection violations.

BLAG writes in its motion to dismiss that Congress could rationally have been concerned when passing DOMA with “employing proper caution” when it came to the definition of marriage, “protecting the public fisc” and encouraging responsible procreation.  BLAG argues that efforts to “redefine the institution of marriage” should be left to the democratic process, and that the court should decline to take up the case.

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