Legal Momentum Joins Fight to Overturn DOMA’s Definition of Marriage

November 8, 2011 -

Legal Momentum recently joined an amicus brief in Gill, et al. v. Office of Personnel Management, et al. and Massachusetts v. Dept. of Health and Human Services, on appeal to the U.S. First Circuit Court of Appeals from a district court ruling in plaintiffs' favor.  The case challenges the constitutionality of Section 3 of the Defense of Marriage Act (DOMA).  Section 3 defines marriage as between one man and one woman.  Attorneys for the plaintiffs argue that this definition violates the equal protection clause of the Fifth Amendment.  By defining marriage as an institution for heterosexual couples, Section 3 denies homosexual couples marriage-related benefits, protections, and responsibilities.

The amicus brief takes the argument further.  Not only should the court declare Section 3 of DOMA unconstitutional, the brief argues, but cases involving sexual orientation should also be subjected to heightened scrutiny.  Historically, the Supreme Court has ruled that certain classifications, such as gender and race, should be treated with suspicion, particularly if the group in question has suffered a long history of discrimination.  This brief argues that sexual orientation falls into this category, and should therefore be treated with heightened scrutiny.

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Read the amicus brief.

Learn more about Legal Momentum's work on Gender Bias and Gender Equity.