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Under that standard, it could no longer defend the constitutionality of DOMA Section 3.On April 18, 2011, Paul Clement, representing the Bipartisan Legal Advisory Group of the House of Representatives (BLAG), filed a motion asking to be allowed to intervene in the suit "for the limited purpose of defending the constitutionality of Section III" of DOMA.
The federal government must recognize same-sex marriages that have been approved by the states. in which the United States Supreme Court held that restricting U. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment.In May 2008, New York Governor David Paterson had ordered state agencies to recognize same-sex marriages performed in other jurisdictions.Some lower-level state courts had made similar rulings, but whether the state's highest court would give such a ruling the force of law, as Windsor's claim for a refund required, remained uncertain Windsor at first asked several gay rights advocacy groups to represent her, but none would take the case.The Department of Justice did not oppose the motion.New York Attorney General Eric Schneiderman filed a brief supporting Windsor's claim on July 26, 2011, arguing that DOMA Section 3 could not survive the scrutiny used for classifications based on sex and constitutes "an intrusion on the power of the state to define marriage." On June 6, 2012, Judge Barbara S.
She was barred from doing so by Section 3 of DOMA (codified at 1 U. The Internal Revenue Service found that the exemption did not apply to same-sex marriages, denied Windsor's claim, and compelled her to pay $363,053 in estate taxes. Perry—a case related to California's constitutional amendment initiative barring same-sex marriage.