House files motion to defend federal marriage law Matt Glenn at 9:06 AM ET
[JURIST] The Republican-led US House of Representatives [official website] filed a motion [text, PDF] Monday with the US District Court for the Southern District of New York [official website] seeking to intervene in a lawsuit challenging the constitutionality of the 1996 Defense of Marriage Act (DOMA) [text; JURIST news archive]. This follows the Obama administration's February announcement that it would no longer defend [JURIST report] the law's constitutionality. The motion, which purports to be unopposed by the plaintiffs and by the US Department of Justice (DOJ) [official website] seeks to instate the House as a defendant for the limited purpose of defending DOMA's constitutionality. At issue is whether Section 3 of DOMA, which defines marriage as being between one man and one woman, violates the Fifth Amendment's due process and equal protection [Cornell LII backgrounder] requirements. Former solicitor general Paul Clement [professional profile] filed the motion and is expected to lead the House's defense.
Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.