Monday, August 8, 2011

DOMA Litigation: Congress Weighs In


Congress, represented by former solicitor general Paul Clement, has filed two briefs in one of the cases challenging the Defense of Marriage Act in a federal court in New York. One is a memorandum providing legal reasons the court should deny the ACLU’s motion for summary judgment. The second is a memorandum with reasons the court should grant the Bipartisan Legal Advisory Group’s motion to dismiss. Both are excellent, and I particularly appreciate the way the second brief explains the state’s interests related to procreation.

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