The Department of Justice followed Wednesday’s withdrawal from two DOMA cases in the Second Circuit, including GLAD’s Pedersen v. OPM by notifying the clerk of the First Circuit that they will also “cease to defend” the two consolidated DOMA cases, Gill v. Office of Personnel Management and Massachusetts v. HHS.
The DOJ has not sent a letter to the Congress declining to defend DOMA in toto in the Gill case, so its determination may only apply to the extent the court determines that heightened scrutiny is the proper standard of review for DOMA’s constitutionality. No matter what happens, the case will proceed with DOJ as the attorneys for the government defendants.
“It is increasingly clear to everyone what has been clear to gay and lesbian families for years – that DOMA’s denial of protections available to all other married families is discriminatory, harmful, and unjustifiable,” said Mary L. Bonauto, GLAD’s Civil Rights Project Director and lead attorney on both Gill and Pedersen.
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