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House Files Motion to Intervene in DOMA Lawsuit

As expected, the House GOP, led by former Bush Solicitor General Paul Clement, filed an unopposed motion to intervene in Windsor v. United States "for the limited purpose of defending the constitutionality of Section III of [DOMA]," MetroWeekly reports:

Clement The move, which had to happen by today per the judge's order in the case, was signaled earlier in the day in a series of letters between House Speaker John Boehner (R-Ohio) and Minority Leader Rep. Nancy Pelosi (D-Calif.) -- two of the five members of the BLAG. The intervention has been opposed by Pelosi, as well as the other Democratic member of the BLAG, which was noted in the Windsor filing this evening.

Roberta Kaplan, Windsor's lawyer, responded to the filing in a statement by noting, "We are determined to move forward with Edie's case as expeditiously as possible so that the court can rule that all marriages are equal under the law and that DOMA is unconstitutional. Our client, who is not getting any younger, filed her case more than five months ago and it is clearly time for her to have her day in court."

Windsor The lawsuit, in a nutshell: "Ms. Windsor, who shared four decades with her late spouse, Thea Spyer, filed a lawsuit against the federal government on November 9, 2010 for refusing to recognize their marriage. In the lawsuit, Ms. Windsor alleges that DOMA violates the equal protection guarantee of the U.S. Constitution because it recognizes marriages of heterosexual couples for the purpose of federal law, but not those of same-sex couples. When Thea died in 2009, Edie was the sole beneficiary of Thea's estate. Because they were married, Thea's estate ordinarily would have passed for the benefit of Edie, her spouse, without the payment of any estate tax. But because of DOMA, Edie had to pay more than $363,000 in federal estate tax."

Said Windsor, 81, of the House motion: "DOMA is so clearly unjust in the way that it treats me as a second class citizen, and I am very disappointed that the House of Representatives has decided to intervene in my case in order to try to prevent me from obtaining a refund of the $363,000 in estate taxes that I should never have had to pay in the first place. I'm sure that the House's intervention won't change the ultimate result since the court will agree with us, as well as with the President and the Department of Justice, that DOMA is unconstitutional."

Read the House Motion to Intervene, AFTER THE JUMP...

Previously...
Former Bush Solicitor General Paul Clement to Lead DOMA Defense [tr]
DOMA-Defending Attorney Paul Clement's Firm is Proud of its Policies Against LGBT Discrimination [tr]

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Comments

  1. But, but the GOP loves gays. Obama is the anti-Christ!!!

    Posted by: Rowan | Apr 19, 2011 8:17:38 AM


  2. So the economy is in shambles, but instead of creating jobs like they promised, Boehner and the House are using money to defend inequality.

    Seriously, why can't this hypocrisy get any traction in the media, but Donald Trump can go on every news channel and make allegations not only about Obama's citizenship, but now claim he didn't write his first book, and no one challenges him?

    I find it hard to believe that HRC or some other group really can't find a media outlet willing to pick this up, especially since it's been polled that a majority of Americans don't give a s--t about this and just care about the economy and jobs?

    Posted by: Larry | Apr 19, 2011 9:31:45 AM


  3. King & Spalding. Keep repeating it so that it shows up in Google searches.

    Posted by: Greg | Apr 19, 2011 10:11:44 AM


  4. Gee, money can't be found to support scientific research yet the GOP miraculously finds money to publicly defend hate.

    Posted by: Peter | Apr 19, 2011 12:51:33 PM


  5. Isn't this a supremely GOP act: trying to separate a widow from her money.

    Posted by: milpert | Apr 19, 2011 12:55:50 PM


  6. About the only jobs this will create are for republicon, evangelical lawyers as they argue to keep institutionalized bigotry on the books. Not a very wise use of taxpayer dollars is it? But then, the GOP isn't a very wise political party. Actually, it's kind of a perverse fun watching the republicons slowly, but inexorably, hang themselves on the petard of their own hubris.

    Posted by: jamal49 | Apr 19, 2011 3:01:03 PM


  7. This IS creating jobs. NOM and other equally "legitimate" organizations will be getting money to create "reports" based on their "research" to present in "expert" testimony at the various trials. Who knows how much money will funnel to these organizations... no doubt more than enough to pay for numerous trips to Europe with or without rent-boys to lug the baggage.

    Posted by: BobN | Apr 19, 2011 3:06:39 PM


  8. Well, I hope the media asks what the hourly billing rate is for this work. This is just a GOP scam to funnel government money to their side at a rate of $1,000 an hour.

    Of course, Clement and his firm could do this work pro bono.


    Posted by: Charlie | Apr 19, 2011 3:27:53 PM


  9. this case is heartbreaking. boehner's gop supports stealing from elderly widows.

    Posted by: andnowwhat | Apr 19, 2011 9:40:33 PM


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