Texas Republican Rep. Lamar Smith has filed a motion in two separate cases seeking to intervene in defense of the federal Defense of Marriage Act (DOMA), arguing that to preserve the law he must defend it himself because the U.S. Justice Department may not do so.
Smith, the ranking member on the House Judiciary Committee, filed the motions in two related federal cases challenging DOMA, the 1996 law that defines marriage as a “union between one man and one woman.”
The DOMA has come under a constitutional challenge in two separate cases – Gill et al. v. Office of Personnel Management and Massachusetts v. U.S. Department of Health and Human Services – where it was ruled to have violated the 5th and 10th amendments.
Rep. Smith filed a motion on Oct. 5 asking both courts to allow him, as a member of Congress and a supporter of DOMA, to step in and defend the law, which has b
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