Pelosi, House Democrats File Brief In Case Challenging DOMA

WASHINGTON -- House Democrats may not be in the majority, but they took action on Thursday to make it clear they don't agree with the decision by House GOP leaders to defend the Defense of Marriage Act in court.

Led by House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.), more than 130 Democratic lawmakers filed an amicus brief in a lawsuit before the U.S. Court of Appeals for the 1st Circuit to rebut the Republican defense that the federal ban on gay marriage is constitutional.

The House has been defending DOMA in court since the spring, when the Obama administration concluded that Section 3 of the law is unconstitutional and announced it would no longer defend it on those grounds. Section 3 prevents the federal government from recognizing the validity of same-sex marriages.

The House Bipartisan Legal Advisory Group in March voted 3-2, with Pelosi and Hoyer voting "no," to hire private counsel to defend DOMA in court, at a cost of $1.5 million in taxpayer money. Speaker John Boehner (R-Ohio), House Majority Leader Eric Cantor (R-Va.) and House Majority Whip Kevin McCarthy (R-Va.) were the "yes" votes.

All co-signers of the amicus brief "wish to make clear that the Bipartisan Legal Advisory Group ('BLAG'), which has intervened in this case to defend Section 3’s constitutionality, does not speak for a unanimous House on this issue," reads the document. "While Speaker Boehner has the authority to direct the defense of DOMA by virtue of the divided 3-2 vote of the BLAG, many Members believe that Section 3 of DOMA violates the Constitution and should be struck down."

Their 42-page brief makes the case that Republicans' legal defense of DOMA fails on two counts: on the point that gay people have enough "political power" to influence Congress to repeal DOMA without court intervention, and on the point that DOMA doesn't undermine state-sanctioned gay marriages.

Other Democrats who signed the brief include House Assistant Minority Leader James Clyburn (S.C.) and Reps. Jerrold Nadler (N.Y.), John Conyers (Mich.), Barney Frank (Mass.), Tammy Baldwin (Wis.) and Debbie Wasserman Schultz (Fla.), who is also the chairwoman of the Democratic National Committee.

Their filing is on the consolidated case of Massachusetts v. Dept. of Health and Human Services and Gill v. Office of Personnel Management. The case reached the 1st Circuit after a federal district court ruled that Section 3 of DOMA is unconstitutional.

Pelosi and other sponsors of the brief "intend to participate in each of the cases where the BLAG has intervened as each case reaches the relevant federal court of appeals," reads a press release from Pelosi's office.

Comments

[Atwill]

09:18 PM on 11/05/2011

DOMA will die and gay marraige will be legal in all 50 states, and there will be no voting for it. It will happen thru the courts and there will not be a dang thing homphobes can do about it. You'll have to accept it. You might cry about it, like my grandmother did about inter racial marraige, all the way to her grave, but you wont be able to change it. I am sure many of you would have sworn on your dead mother's grave last year that DADT would never be lifted and that gays would never be allowed to say they were gay while in the miliary. Well, it happened. DOMA is next.

[wd12562]

01:30 PM on 11/06/2011

yep, how dadt working out for ya

laughing

[RickyM]

01:30 PM on 11/04/2011

someone should tell Nancy that Holloween is over so take off the mask

[Bob Kellerman]

03:42 AM on 11/05/2011

OK, a 70 year old woman who has raised 5 children and works every day for the good of her country, as she sees it, is not good enough for you

[wd12562]

01:32 PM on 11/06/2011

70 is too old for any elected official

[wd12562]

01:30 PM on 11/06/2011

careful........she will send her flying monkeys after you

[JeremiahA]

11:22 AM on 11/04/2011

Having read the amicus brief, it is clear that the evidence does not support their conclusions.

And I truly wonder how many of the "amici" actually read it...

[RainbowTeacher]

10:30 AM on 11/04/2011

Thank you, future Speaker Pelosi! We are anxiously awaiting your return. Once again the House Republicans are wasting the taxpayers money and time on frivolous pursuits and not working to help America.

[RMorr2002]

11:24 AM on 11/04/2011

LOL!!!! Nancy will never hold the gavel again! She was one of the main reasons that Republicans were elected IN HISTORIC NUMBERS in 2010.

[RickyM]

01:31 PM on 11/04/2011

and will again in 2012

[wd12562]

01:33 PM on 11/06/2011

we can hope

[wrightthewrong]

12:27 PM on 11/04/2011

I'm with you. I miss Nancy Pelosi so much!! Over 400 bills that were filibustered made it through the house under her leadership -- these were bills which would actually have helped real Americans instead of polluters and the Religious Right. I miss her every single day.

[RainbowTeacher]

01:19 PM on 11/04/2011

What a sad day it was when she handed over the gavel to the weeper.

[RickyM]

01:28 PM on 11/04/2011

wow their really are people that think like this scary

[centsable]

08:41 AM on 11/04/2011

I'm still asking, what programs are being cut to pay for this republican debacle that's costing 1.5 million taxpayer dollars so far?

[Tom Iarossi]

08:55 AM on 11/04/2011

Therein lies the difference between left and right. We see ourselves in this together and have no problem caring for the poor and disabled. The right hates everyone who isn't like them.

[wrightthewrong]

12:28 PM on 11/04/2011

Probably FEMA!

[Peopleatist]

07:49 AM on 11/04/2011

Marriage should solely be the purview on a church.

The Government can manage contracts. i.e. civil union.

[Tom Iarossi]

08:42 AM on 11/04/2011

That's not quite right. Marriage is a legal status, granted by states. Churches do weddings and have been allowed by the states to sign off on the legal paperwork too. Gay couples want the same legal status as everyone else, without qualification or limitation. And no church will be forced to conduct a gay marriage. It's the state that matters, not the church.

[Cacey]

09:17 AM on 11/04/2011

So two athiests can't be married? Guess what, Sparky, there are hundreds of thousands of married athiests.

[chadizzy]

06:59 AM on 11/04/2011

Whether right or wrong its the law. Seems some in govt will only enforce the laws they like. Take it off the books then. If not its the law and needs to be enforced.

[Cacey]

08:11 AM on 11/04/2011

In this case it's not a simple case of "its the law" but of "is that law Constitutional"? If not, the law is invalid. Further, given the opinion of the majority of the people on the law, it will soon end anyway so why waste the money on enforcement now? Think Prohibition.

[chadizzy]

08:20 AM on 11/04/2011

If it shouldnt be the law fine take it off the books. I dont care whether they can marry or not.It has no affect on me whatsoever. All I ask is that they defend the laws that are on the books.

[RainbowTeacher]

10:28 AM on 11/04/2011

I try to take your micro bio to heart but it is so hard with these heartless SOB's on here who think that everyone can be just like them - not even realizing how much was handed to them from birth simply by being born white, male, str8 and in a middle class or better home.

[cenourinha]

10:43 AM on 11/05/2011

it *is* being enforced; the Obama admin has simply stopped defending it in court because they believe it is unconstitutional

[sigh] I'm getting a little tired of explaining this simple concept

and by the way, we are trying to get it off the books, hence the lawsuits...get it?

[shaftedbytheleft]

05:52 AM on 11/04/2011

we have much more serious issues at hand thn this. get your priorities straight DC and get back to work keeping the masses from starvation, and homelessness. deal with this later.

[sharin]

11:51 AM on 11/04/2011

hmm - like the GP controlled House voting on keeping "In God We Trust" as the national motto? and voting on how to commemorate various national figures?

[wrightthewrong]

12:34 PM on 11/04/2011

Wasn't it a baseball commemorative coin?

[shaftedbytheleft]

04:32 AM on 11/06/2011

no, actually, like passing unemployment extensions immediately, so millions more aren't homeless,,,

[onionboy]

12:21 PM on 11/04/2011

Repealing DOMA does exactly that. There are people legally married who are losing the homes and legal estates of their deceased partners because of DOMA.

There are actually several DOMA challenges based on exactly that.

[mystercy]

03:43 AM on 11/04/2011

So does DOMA protect Kim Kardashian's right to make a mockery of marriage?

[Tykete]

08:38 AM on 11/04/2011

LOL, she could pawn her engagement and help with the national debt!!!!

[Alisa Neely]

03:26 AM on 11/04/2011

getting RID OF DOMA isn't enough, imo......unlees EVERY STATE in this country is FORCED to recgonize SAME-SEX "MARRIAGES", the same way they DO ...HETROSEXUAL MARRIAGES....then , gays DON'T have EQUAL RIGHTS and EQUAL PROTECTION ....while i'm GLAD that DOMA will be take down......i WON'T BE HAPPY, until SAME-SEX COUPLES, HAVE ALLLLLLLLLL THE SAME RIGHTS AS HETROSEXUAL COUPLES.....that means: 1) health coverage; 2) death benifits; 3) ADOTPION rights...and anything else, that STRAIGHT -COUPLES have.

STAND UP FOR WHAT'S RIGHT: EQUAL RIGHTS FOR EVERYONE, which includes GAY RIGHTS!!!

ALISA

[1ConservativeTexasLady]

09:26 AM on 11/04/2011

DOMA won't be taken down, as you put it. The fact that a law like the DOMA even exisiting speaks volumes of the times that we live in~

[Cacey]

11:45 AM on 11/04/2011

Of course DOMA will be taken down. The majority of Americans don't want it and that grew by over 9% last year. What are you talking about?

[Atwill]

09:23 PM on 11/05/2011

DOMA will die.

[Raiderthree]

09:33 AM on 11/04/2011

You don't really need all the CAPS. It really makes people not want to read your comment.

[joe1964]

03:17 AM on 11/04/2011

Republicans: "Look at this! Over here! Gay marriage baaaaaad! Look at us defending you from it!
Wait, don't look over there at the lack of jobs, the income inequality or the foreclosures. Look at the evil gays attacking your marriage!"

Honestly, do they think this ca ca is fooling anyone anymore?

[wrightthewrong]

12:36 PM on 11/04/2011

But, but, but aren't you worried about "In God We Trust" losing its official US motto status? I've been losing sleep for weeks over that issue... (evil laugh).

[joe1964]

02:21 PM on 11/04/2011

Hah! I live in New Orleans. Since Katrina we know not to trust that guy down here!

[CoronaDischarge]

03:08 AM on 11/04/2011

Keep up the good work. Nancy Pelosi Speaker of the House 2013.

[gsmp]

08:23 AM on 11/04/2011

From your keyboard to (insert diety of choice)'s ears!

[onionboy]

12:25 PM on 11/04/2011

I pick Ishtar.

[WHTrout]

11:42 AM on 11/04/2011

I heartily agree! I am so proud that Nancy Pelosi represents my distict in Congress!

[cobry4949]

03:01 AM on 11/04/2011

please havn't you destroyed AMerica enough - morals enough, oh she will take that to court but she is the one that said that BUSHES impeachments off the table two parties that is realy one party with one agenda,

[gsmp]

08:26 AM on 11/04/2011

We know it needs to be done, but had Congresswoman Pelosi not taken that stand at the time, the ob stru ctionists would have gone into high gear one SECOND after the President took the oath of office.

[wrightthewrong]

12:38 PM on 11/04/2011

You mean they didn't?

[jb2000000]

02:21 AM on 11/04/2011

It's time for the republicans to get out of everybody's bedroom and fix the things that are wrong in our country.

[vandegrasse]

02:31 AM on 11/04/2011

It's time for Republicans to get out, period!

[Alisa Neely]

03:29 AM on 11/04/2011

AMEN, on that......they've RUINED this country.....their trying to BREAK the UNIONS, which WON'T be good for the people.....i'm a daughter of a union member.....and i'll FIGHT anyone who wants to BREAK them.....2) the GOP wants to take people's rights away.....i.e women's rights....ya better watch out , or they'll have us living like it's the 1800's again.....blacks and women had NO RIGHTS.

alisa

[David Hundley]

02:16 AM on 11/04/2011

Look @ Rick Perry's Piggy Bank. > www.tpj.org When we follow the money, it seems alot of politicians are getting rich and it's not from their meager Govn't salaries..?

[gsmp]

08:27 AM on 11/04/2011

Many, many thanks for that link, David!