Today, Democratic Leader Nancy Pelosi, Democratic Whip Steny Hoyer, Assistant Democratic Leader James E. Clyburn, Congressman Jerrold Nadler, Congressman John Conyers, Congressman Barney Frank, Congresswoman Tammy Baldwin, Congressman Jared Polis, Congressman David N. Cicilline and other House Democrats filed an Amicus Brief in the case of Karen Golinski v. Office of Personnel Management.
Pelosi, Nadler and 130 other House Members filed the brief today in this landmark case, which has reached the Ninth Circuit Court of Appeals following a federal district court ruling that Section 3 of the so-called Defense of Marriage Act (DOMA) is unconstitutional. Last year, President Barack Obama and Attorney General Eric Holder reached the same conclusion and announced that the Department of Justice would no longer defend the law in certain court cases. By a divided 3-2 vote of the House's Bipartisan Legal Advisory Group (BLAG) with Pelosi and Hoyer strongly objecting, Speaker John Boehner hired outside lawyers to defend DOMA in court at considerable taxpayer expense.
The Democratic Members' brief, available here, provides a comprehensive explanation of how Section 3 of DOMA undermines Congress's legitimate interests. It rebuts BLAG's argument that Section 3 is a routine and cautious definitional exercise that warrants absolute deference from the courts. The brief argues that Congress did not act with caution, but hastily and without due consideration of the relevant issues. Section 3 cannot be viewed as a benign exercise of Congressional authority, as a clear aim and effect of this law was to disapprove and disadvantage lesbians and gay men. As a result, and unlike most Acts of Congress, DOMA cannot be viewed as the rational result of impartial lawmaking and should be treated with judicial skepticism.
The brief makes it clear that the House is not united on DOMA's validity, that the BLAG lawyers do not speak for the entire institution, and that there is no legitimate federal interest in denying married same-sex couples the legal security, rights and responsibilities that federal law provides to couples who are married under state law. Section 3 does not affect married heterosexual couples and their children, who are recognized regardless of DOMA. And this law affirmatively harms married gay and lesbian couples and their children.
As the House amici point out to the court, "it is impossible to believe that any legitimate federal interest is rationally served by denying federal employees like Karen Golinski the opportunity to include their spouses on the health insurance that they purchase to safeguard their families' physical and financial health and well-being."
Pelosi, Nadler and the main sponsors of this brief intend to participate in each of the cases where the BLAG has intervened as each case reaches the relevant federal court of appeals.