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Massachusetts Encourages Supreme Court to Take Up Gill and Massachusetts

The Commonwealth of Massachusetts files a petition for a writ of certiorari with the Supreme Court in the combined Gill and Massachusetts case.  In its filing, Massachusetts writes, “The Commonwealth agrees with the court of appeals’ judgment that Section 3 of DOMA is unconstitutional and normally would oppose further review in order to ensure that the judgment takes effect as soon as possible. However, the Commonwealth recognizes that the question is one of national importance and that this Court is likely to review it in the near future, if only to ensure uniformity in the enforcement or non-enforcement of DOMA throughout the country.”

In addition, the Commonwealth asks the Supreme Court to consider the Tenth Amendment and Spending Clause in its review of DOMA.  While the district court ruled DOMA unconstitutional on these grounds, the First Circuit declined to do so.

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