Kirsten Andersen


More fallout from DOMA decision: House Legal Advisory withdraws from lawsuit protecting marriage

Kirsten Andersen

WASHINGTON, D.C., July 19, 2013 ( – The U.S. House’s GOP-led Bipartisan Legal Advisory Group has withdrawn from a court case in which it was defending the Defense of Marriage Act (DOMA) and a similar statute, Title 38, against a complaint from homosexuals in the military who want spousal benefits for their same-sex partners.

In a federal court filing, the House lawyers said that the Supreme Court’s June 26 decision to strike down DOMA left them no choice.

“The Supreme Court recently resolved the issue of DOMA Section 3’s constitutionality,” wrote the House lawyers. ”The Windsor decision necessarily resolves the issue of DOMA Section 3’s constitutionality in this case.”

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Continued the lawyers, “While the question of whether [Title 38] is constitutional remains open, the House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that statute. Accordingly, the House now seeks leave to withdraw as a party defendant."

The attorneys said the House now has no official opinion on how the court should rule in the case.

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