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House Republicans Abandon Defense Of DOMA

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"House Republicans Abandon Defense Of DOMA"

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House Republicans have been using taxpayer funding to foot the $2.3 million dollar bill to defend the Defense of Marriage Act in a number of cases. While the Supreme Court was weighing Windsor, the other cases challenging DOMA were put on hold. Now that the Court has overturned DOMA, the House is abandoning its defense in the other cases. Here is how attorney Paul Clement withdrew from a case of servicemembers suing for military benefits for their same-sex partners:

The Supreme Court recently resolved the issue of DOMA Section 3’s constitutionality. The Windsor decision necessarily resolves the issue of DOMA Section 3’s constitutionality in this case. While the question of whether 38 U.S.C. § 101(3), (31) is constitutional remains open, the House has determined, in light of the Supreme Court’s opinion in Windsor, that it no longer will defend that statute. Accordingly, the House now seeks leave to withdraw as a party defendant.

Presumably, its intervention in other cases will similarly end. Thus, the federal government will no longer be spending taxpayer money to defend discrimination against same-sex couples, though the money already spent — which could have actually helped people — is lost forever. (HT: Kathleen Perrin.)

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