January 23, 2013
The Bipartisan Legal Advisory Group (BLAG), the party defending the constitutionality of Section 3 of the federal Defense of Marriage Act (DOMA) has filed its opening brief in Windsor v. United States, pending at the U.S. Supreme Court. In the brief, BLAG argues that the intent of DOMA is not to exclude anyone from federal benefits but to define what marriage means at the federal level. The brief also makes an argument against applying a higher level of scrutiny in considering the constitutionality of DOMA, saying that “Gays and lesbians are one of the most influential, best-connected, best-funded, and best-organized groups in modern politics, and have attained more legislative victories, political power, and popular favor in less time than virtually any other group in American history.” The brief can be read here. This brief addresses BLAG’s defense of DOMA only, and does not address the jurisdictional question presented by the Court. For more information visit www.glad.org/doma.