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DOJ Files Brief against DOMA, Karen Golinski Moves for Summary Judgment

On the same day, the Justice Department files a strongly worded brief arguing that DOMA is unconstitutional and l, representing Karen Golinski, files for summary judgment in her case against DOMA in district court.

Arguing against DOMA, the Department of Justice acknowledges the federal government’s “regrettable role” in historical discrimination against gay and lesbian Americans and states plainly that DOMA’s Section 3 “unconstitutionally discriminates.”

In its brief, the federal government writes, “[T]he official legislative record makes plain that DOMA Section 3 was motivated in substantial part by animus toward gay and lesbian individuals and their intimate relationships, and Congress identified no other interest that is materially advanced by Section 3. Section 3 of DOMA is therefore unconstitutional.”

In its brief on behalf of Karen Golinski, Lambda Legal tells the court that it is filing for summary judgment “on the grounds that there is no question as to any material fact and judgment should be entered in Ms. Golinski’s favor as a matter of law because Section 3 of the Defense of Marriage Act is unconstitutional as applied to her.”  Lambda Legal also argues that DOMA “bears the classic hallmarks of a law subject to heightened scrutiny,” but also writes that it “cannot survive even rational basis review.”

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