The Administration’s DOMA Brief

Last Friday, the Justice Department filed its merits brief in Golinski v. U.S. Office of Personnel Management, arguing against dismissal of the suit challenging the constitutionality of Section 3 of the Defense of Marriage Act. [A brief in defense of DOMA and urging dismissal was filed on behalf of the Bipartisan Legal Advisory Group of the U.S. House of Representatives.] This is the first such brief filed by DoJ since the President determined that Section 3 of DOMA was unconstitutional and would no longer be defended by DoJ. Marty Lederman provides some useful context and commentary on the brief here. See also this write-up by Chris Geidner.