The Volokh Conspiracy - DOJ Brief in Another DOMA Case:

Today the DOJ filed its motion to dismiss in another case challenging the Defense of Marriage Act, Gill v. OPM, pending in a Massachusetts district court.

It argues that DOMA is constitutional because (1) there is no basis for applying heightened scrutiny to the denial of federal benefits to same-sex couples married in Massachusetts, and (2) DOMA is rationally related to the federal interest in preserving the status quo and in following longstanding practices while letting states experiment with same-sex marriage. It comes close to explicitly asserting that tradition itself -- without more -- is a sufficient justification for a classification on rational-basis review, where there is a presumption of constitutionality. I may have more to say about it later, but for now I don't see anything very surprising in the brief.

	[Dale Carpenter, September 18, 2009 at 1:46pm] Trackbacks DOJ Brief in Another DOMA Case: Today the DOJ filed its motion to dismiss in another case challenging the Defense of Marriage Act, Gill v. OPM, pending in a Massachusetts district court. It argues that DOMA is constitutional because (1) there is no basis for applying heightened scrutiny to the denial of federal benefits to same-sex couples married in Massachusetts, and (2) DOMA is rationally related to the federal interest in preserving the status quo and in following longstanding practices while letting states experiment with same-sex marriage. It comes close to explicitly asserting that tradition itself -- without more -- is a sufficient justification for a classification on rational-basis review, where there is a presumption of constitutionality. I may have more to say about it later, but for now I don't see anything very surprising in the brief.