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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
__________________________________________)
SHANNON L. MCLAUGHLIN, et al., ))Plaintiffs, )
)
v. ) No. 1:11-cv-11905
)LEON PANETTA, et al., )
)
Defendants. )__________________________________________)
MOTION OF THE BIPARTISAN LEGAL ADVISORY GROUP OF THE
U.S. HOUSE OF REPRESENTATIVES FOR LEAVE TO INTERVENE
In this case, plaintiffs assert that four separate statutes Section 3 of the Defense of
Marriage Act, Pub. L. No. 104-199, III, 110 Stat. 2419 (1996) (DOMA), codified at 1 U.S.C.
7; 10 U.S.C. 101(f)(5); 32 U.S.C. 101(18); and 38 U.S.C. 101(3) & (31) each are
constitutionally deficient in four respects: the statutes, plaintiffs say, are unconstitutional under
both the equal protection and substantive due process components of the Fifth Amendments
Due Process Clause, violate the Tenth Amendment, and constitute impermissible Bills of
Attainder.
Pursuant to Rules 24(a), (b) of the Federal Rules of Civil Procedure, and 28 U.S.C.
530D(b)(2) and 2403, and for the reasons set forth in the accompanying Memorandum of Points
and Authorities, the Bipartisan Legal Advisory Group of the U.S. House of Representatives
(House) respectfully moves for leave to intervene as a party defendant in this matter for the
purpose of defending two of those statutes DOMA Section 3 and 38 U.S.C. 101(3) & (31)
against plaintiffs claims that these statutes violate the equal protection and substantive due
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2
process components of the Fifth Amendment (including for the purpose of litigating related
jurisdictional issues, if any).1
The House understands that defendants Leon E. Panetta, the Secretary of Defense; Eric
H. Holder, Jr., the Attorney General; Eric K. Shinseki, the Secretary of Veterans Affairs; and the
United States (collectively, Executive Branch Defendants) defended by the Department of
Justice (Department) will defend 10 U.S.C. 101(f)(5) and 32 U.S.C. 101(18) against all
four of plaintiffs constitutional challenges to those statutes.
The House also understands that the Department will defend DOMA Section 3 and 38
U.S.C. 101(3) & (31) against plaintiffs claims that those statutes violate the Tenth
Amendment and constitute impermissible Bills of Attainder.
In compliance with Rule 24(c) of the Federal Rules of Civil Procedure, the Answer and
Defenses of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to
Plaintiffs Complaint for Declaratory, Injunctive and Other Relief, which sets out the claim or
defense for which intervention is sought, is attached hereto as Exhibit 3.
A proposed Order is submitted herewith and oral argument is not requested.
1 The House of Representatives has articulated its institutional position in litigation
matters through a five-member bipartisan leadership group since at least the early 1980s
(although the formulation of the groups name has changed somewhat over time). Since 1993,
the House rules have formally acknowledged and referred to the Bipartisan Legal AdvisoryGroup, as such, in connection with its function of providing direction to the Office of General
Counsel. See, e.g., Rule I.11, Rules of the House of Representatives, 103d Cong. (1993),attached as Exhibit 1; Rule II.8, Rules of the House of Representatives, 112th Cong. (2011),
attached as Exhibit 2. While the group seeks consensus whenever possible, it functions on a
majoritarian basis, like the institution it represents, when consensus cannot be achieved. TheGroup currently is comprised of the Honorable John A. Boehner, Speaker of the House, the
Honorable Eric Cantor, Majority Leader, the Honorable Kevin McCarthy, Majority Whip, the
Honorable Nancy Pelosi, Democratic Leader, and the Honorable Steny H. Hoyer, DemocraticWhip. The Democratic Leader and Democratic Whip decline to support the filing of this motion.
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3
LOCAL RULE 7.1(A)(2)STATEMENT
On March 1, 2012, counsel for the House conferred with Jean Lin, Senior Trial Counsel
with the Department, who advised that the Executive Branch Defendants do not oppose this
motion to intervene for purposes of presenting arguments in support of the constitutionality of
DOMA Section 3 and 38 U.S.C. 101 (3) & (31), but that the Department will be filing a
response to explain its position.
On March 7, 2012, counsel for the House conferred with Christopher Man, counsel for
plaintiffs, who advised that his clients oppose this motion.
Respectfully submitted,
Paul D. Clement, Esq.
/s/ H. Christopher Bartolomucci
H. Christopher Bartolomucci, Esq.
Conor B. Dugan, Esq.
Nicholas Nelson, Esq.
BANCROFT PLLC2
1919 M Street, N.W., Suite 470
Washington, D.C. 20036(202) 234-0090 (phone)
(202) 234-2806 (fax)[email protected]
Counsel for Proposed Intervenor the Bipartisan
Legal Advisory Group of the U.S. House of
Representatives
2 Bancroft PLLC has been specially retained by the Office of General Counsel to
litigate the constitutionality of Section 3 of DOMA on behalf of the House. Its attorneys are,therefore, entitled, for the purpose of performing [that] function[], to enter an appearance in any
proceeding before any court of the United States . . . without compliance with any requirement
for admission to practice before such court . . . . 2 U.S.C. 130f(a).
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4
Of Counsel
Kerry W. Kircher, General Counsel
William Pittard, Deputy General CounselChristine Davenport, Senior Assistant Counsel
Kirsten W. Konar, Assistant CounselTodd B. Tatelman, Assistant CounselMary Beth Walker, Assistant Counsel
Office of General CounselU.S. House of Representatives219 Cannon House Office Building
Washington, D.C. 20515(202) 225-9700 (phone)
(202) 226-1360 (fax)
May 1, 2012
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CERTIFICATE OF SERVICE
I hereby certify that on May 1, 2012, I electronically filed the foregoing Motion of the
Bipartisan Legal Advisory Group of the U.S. House of Representatives for Leave to Intervene
with the Clerk of the Court for the U.S. District Court for Massachusetts using the appellate
CM/ECF system. I further certify that all parties in this case are registered CM/ECF users and
will be served by the appellate CM/ECF system.
/s/ Kerry W. Kircher
Kerry W. Kircher
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Exhibit 1
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RULESof the
HOUSE OF REPRESENTATIVESEFFECTIVE FOR
ONE HUNDRED THIRD CONGRESS
P R E P A R E D B YDONNALD K. ANDER S ON
Clerk of the House of RepresentativesJANUARY 5, 1993
| - | i4D-3.
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RULES OF THEof the las t regular ses s ion o f theC o n g r e s s .9 . (a ) He sha l l dev i se and Implementa sys tem subject to hi s d irect ion andcontro l for c losed c i rcui t v i ewing o ff loor proceedings o f the House o f Represen ta t ives In the o f f i ces o f a l l Memb e r s a n d c o m m i t t e e s arid i n s u c h o t h e rplaces In the Capi to l and the HouseOff i ce Bu i ldings as he deem s appropri ate . S u c h s y s t e m m a y i n c l u d e o t h e rt e l e c o m m u n i c a t i o n s f u n c t i o n s a s h ed e e m s a p p r o p r ia t e . A n y s u c h t e l e c o m m u n i c a t i o n s f u n c t i o n s h a l l b e s u b j e c tto rules and regula t ions i s sued by theS p e a k e r .(b) (1 ) He sha l l dev i se and Implementa sys tem subject to hi s d irect ion andc o n t r o l f o r c o m p l e t e a n d u n e d i t e daudio and v i sua l broadcas t ing and recording o f the proceedings o f the
H o u s e o f R e p r e s e n t a t i v e s . H e s h a l lprov ide for the di s tr ibut ion o f suchbroadcas ts and recordings thereof tonews media , the s torage o f audio andv ideo recordings o f the proceedings ,and the c losed capt ioning o f the proceedings for hearing- impaired indiv idu a l s .(2 ) Al l te l ev i s ion and radio broadcas t ing s ta t ions , networks , s erv ices ,a n d s y s t e m s ( i n c l u d i n g c a b l e s y s t e m s )w h i c h a r e a cc r e d i t e d t o t h e H o u s eradio and te l ev i s ion correspondents 'ga l l er i es , and all radio and te l ev i s ionc o r r e s p o n d e n t s w h o a r e a c c r e d i t e d t othe radio and te l ev i s ion correspondents ' ga l l er i es sha l l be prov ided accessto the l i ve covera ge o f the Hou se o fR e p r e s e n t a t i v e s .(3 ) No coverage made ava i lableunder thi s c lause nor any recordingthereof sha l l be used for any po l i t i ca lp u r p o s e .( 4 ) C o v e r a g e m a d e a v a i l a b l e u n d e rthi s c lause sha l l not be broadcas t withc o m m e r c i a l s p o n s o r s h i p e x c e p t a s p a r to f bona f ide news programs and publ i ca f f a i r s d o c u m e n t a r y p r o g r a m s . N opart o f such coverage or any r ecordingt h e r e o f s h a l l b e u s e d In a n y c o m m e r c i a l a d v e r t i s e m e n t .(c) He may delegate any o f hi s res p o n s i b i l i t i e s u n d e r this c l a u s e t o s u c hl e g i s l a t i v e e n t i t y a s h e d e e m s a p p r o p r i a t e .10 . T h e r e I s e s t a b l i s h e d In t h e H o u s eo f R e p r e s e n t a t i v e s a n o f f ic e t o b ek n o w n a s t h e O f f i c e o f t h e H i s t o r i a no f t h e H o u s e o f R e p r e s e n t a t i v e s .11 . T h e r e i s e s t a b l i s h e d In t h e H o u s eo f R e p r e s e n t a t i v e s a n o f f ic e t o b ek n o w n a s t h e O f f ic e o f G e n e r a l C o u n se l for the purpose o f prov iding l ega la s s i s t a n c e a n d r e p r e s e n t a t i o n t o t h eH o u s e . L e g a l a s s i s t a n c e a n d r e p r e s e n t a t i o n s h a l l b e p r o v i d e d w i t h o u tregard to po l i t i ca l a f f i l i a t ion. T heOff i ce o f Genera l Counsel sha l l funct i o n p u r s u a n t t o t h e d i r e c t i o n o f t h eS p e a k e r , w h o s h a l l c o n s u l t w i t h a B i p a r t i s a n L e g a l A d v i s o r y G r o u p , w h i c hs h a l l Include t h e m a j o r i t y a n d m i n o r i t y l e a d e r s h i p s . T h e S p e a k e r s h a l l a p p o i n t a n d s e t t h e a n n u a l r a t e o f p a yf o r e m p l o y e e s o f t h e O f f i c e o f G e n e r a lC o u n s e l .
12 . To suspen d the bus iness o f theH o u s e f o r a s h o r t time when no ques t ion i s pen ding befor e the House , theSpeaker may declare a recess subjectto the ca l l o f the Chair .R U L E I I
E L E C T I O N O r O F F I C E R SThere sha l l be e l ected by a viva vocev o t e , a t t h e c o m m e n c e m e n t o f e a c hCongress , to cont inue in office unti lthe ir successors are chosen and qua l i f i ed, a Clerk, Sergeant-a t -Arms . Doorkeeper , and Chapla in , each o f whomshal l take an oath to support the Cons t i tut ion o f the Uni ted Sta te s , and forthe true and fa i thful d i scharge o f thedut i es o f h i s o f f i ce to the bes t o f h i sknowledge an d abi l i ty , and to keep thesecrets o f the House; and each sha l lappo int a l l o f the employees o f h i s de
partment prov ided for by law. TheClerk, Sergeant-a t -Arms , and Doorkeeper may be removed by the Houseor by the Speaker .R U L E I I I
D U T I E S O F T H E CLERK1. The Clerk sha l l , a t the commencement o f the f i rs t s es s ion o f each Congress , ca l l the Members to order , proceed to ca l l the ro l l o f Members byStates In a lphabet i ca l order , and,pend ing the e l ect ion o f a Speak er orSpeaker pro tempore , preserve orderand decorum, and decide a l l ques t ionsof order sub ject to appea l by anyM e m b e r .2. He sha l l make and cause to beprinted and del ivered to each Member,or mai l ed to hi s address , a t the commencement o f every regular ses s ion o fCongress , a l i s t o f the reports which i t
i s the duty o f any o f f i cer or Department to make to Congress , referr ing tothe act or reso lu t ion and page o f thevo lum e o f the laws or Journa l inwhic h i t may b e conta ined, and placing under the name o f each o f f i cer thelist of reports required o f him to bem a d e .3. He sha l l note a l l ques t ions o fo r d e r , w i t h t h e d e c i s i o n s t h e r e o n , t h erecord o f which sha l l be printed as anappendix to the Journa l o f each ses s i o n ; a n d c o m p l e t e , a s s o o n a f t e r t h eclose o f the ses s ion as poss ible , theprint ing and di s tr ibut ion to Members ,D e l e g a t e s , a n d t h e R e s i d e n t C o m m i s s ioner from Puerto Rico o f the Journ a l o f t h e H o u s e , t o g e t h e r w i t h a n a c curate and complete index; reta in inthe l ibrary a t hi s off i ce , for the use o ft h e M e m b e r s , D e l e g a t e s , t h e R e s i d e n tC o m m i s s i o n e r f r o m P u e r t o R i c o a n doff i cers o f the H ouse , and no t to bew i t h d r a w n t h e r e f r o m , t w o c o p i e s o f a l lt h e b o o k s a n d p r i n t e d d o c u m e n t s d e pos i ted ther e; s en d, a t th e end of eachsess ion, a pr in ted copy o f the Journ a lt h e r e o f t o t h e e x e c u t i v e a n d t o e a c hbranch o f the l eg i s la ture o f everyState; de l iver or mai l to any Member,D e l e g a t e , o r t h e R e s i d e n t C o m m i s s i o n er from Puerto Rico an ex tra copy , inbinding o f good qua l i ty , o f each docum e n t r e q u e s t e d b y t h a t M e m b e r , D e l e
gate , or the Res ident Commiss ionerwhich has been printed, by order o fe i ther House o f the Congress , in anyCongress in which he served; a t tes tand a f f ix the sea l o f the House to a l lw r i t s , warrants , and subpoenas Issuedby order o f the House , cert i fy to thepassage of al l bi l ls and joint reso lut i o n s .4. He sha l l , In case o f temporary absence or di sabi l i ty , des ignate an o f f i cial in his office to s ign al l papers thatmay require the o f f i c ia l s ignature o fthe Clerk o f the House , and to do a l lo ther acts except such as are prov idedfor by s ta tute , they may be requiredunde r the rules and pract ices of th eHouse to be done by the Clerk. Suchoff i c ia l acts , when so done by the des ignated o f f i c ia l , sha l l be under then a m e o f t h e C l e r k o f t h e H o u s e . T h esa id des ignat ion sha l l be In wri t ing ,and sha l l be laid before the House ande n t e r e d o n t h e J o u r n a l .5 . Th e Clerk i s authorized to rece iveme ssag es from the Pres ident and fromt h e S e n a t e a t a n y time t h a t t h e H o u s eIs n o t in s e s s i o n .6 . He sha l l superv i se the s ta f f andma nag e any o f f i ce o f a Memb er who I sdeceased, has res igned, or been ex pel l ed u nt i l a successor is e l ected andsha l l perform s imi lar dut i es in th ee v e n t t h a t a v a c a n c y is declared by t heHouse In any congress iona l di s tr i ct because o f the incapaci ty o f the Memberrepresent ing such di s tr i ct or o therreason. Whenever the Clerk i s act ingas a superv i sory authori ty over suchstaff, he sha l l have authori ty to termi n a t e e m p l o y e e s ; a n d h e m a y a p p o i n t ,with the approva l o f the Committee
on House Admini s tra t ion, such s ta f f a si s required to operate the o f f i ce unt i l asuccessor i s e l ected. He sha l l mainta inon the House payro l l and superv i se int h e s a m e m a n n e r s t a f f a p p o i n t e d p u r suant to sect ion 800 o f Publ i c Law 91-655 (2 U .S.C. 31b-5) for s ix ty days fo l lowing the death o f a former Speaker .R U L E I V
DUTIES OF THE SERCEANT-AT-ARMS1. I t sha l l be the duty o f the Serg e a n t - a t - A r m s t o a t t e n d t h e H o u s ed u r i n g it s s i t t ings , to mainta in orderunder the direct ion o f the Speaker orC h a i r m a n , a n d , p e n d i n g t h e e l e c t i o no f a S p e a k e r o r S p e a k e r p ro t e m p o r e ,under the direct ion o f the Clerk, exec u t e t h e c o m m a n d s o f t h e H o u s e , a n da l l proc esses i s sued by auth ori ty
thereo f , d i re cted to him by the Sp eaker .2. The symbol o f h i s o f f i ce sha l l bet h e m a c e , w h i c h s h a l l b e b o r n e b y h i mwh i le enforc ing order on th e f loor .R U L E V
D U T I E S O F TH E DOORKEEPER1. T h e D o o r k e e p e r s h a l l e n f o r c es tr i ct ly the rules re la t ing to the priv i l eges o f the Hal l and be respons ible tothe House for the o f f i c ia l conduct o fh i s e m p l o y e e s .
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Exhibit 2
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RULES
of the
HOUSE OF REPRESENTATIVES
ONE HUNDRED TWELFTH CONGRESS
PREPARED BY
Karen L. Haas
Clerk of the House of Representatives
JANUARY 5, 2011
(Rev. 10511)
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HOUSE OF REPRESENTATIVES 3
Sergeant-at-Arms. Each report shall
include financial statements and a de-
scription or explanation of current op-
erations, the implementation of new
policies and procedures, and future
plans for each function.
(f) The Sergeant-at-Arms shall fully
cooperate with the appropriate offices
and persons in the performance of re-
views and audits of financial recordsand administrative operations.
Chief Administrative Officer
4. (a) The Chief Administrative Offi-
cer shall have operational and finan-
cial responsibility for functions as as-
signed by the Committee on House Ad-
ministration and shall be subject to
the oversight of the Committee on
House Administration.(b) In addition to any other reports
required by the Committee on House
Administration, the Chief Administra-
tive Officer shall report to the Com-
mittee on House Administration not
later than 45 days following the close
of each semiannual period ending on
June 30 or December 31 on the financial
and operational status of each function
under the jurisdiction of the Chief Ad-
ministrative Officer. Each report shall
include financial statements and a de-
scription or explanation of current op-
erations, the implementation of new
policies and procedures, and future
plans for each function.
(c) The Chief Administrative Officer
shall fully cooperate with the appro-
priate offices and persons in the per-
formance of reviews and audits of fi-
nancial records and administrative op-
erations.
Chaplain
5. The Chaplain shall offer a prayerat the commencement of each days
sitting of the House.
Office of Inspector General
6. (a) There is established an Office of
Inspector General.
(b) The Inspector General shall be ap-
pointed for a Congress by the Speaker,
the Majority Leader, and the Minority
Leader, acting jointly.
(c) Subject to the policy direction
and oversight of the Committee on
House Administration, the Inspector
General shall only
(1) provide audit, investigative, and
advisory services to the House and
joint entities in a manner consistent
with government-wide standards;
(2) inform the officers or other offi-
cials who are the subject of an audit
of the results of that audit and sug-
gesting appropriate curative actions;
(3) simultaneously notify the
Speaker, the Majority Leader, the
Minority Leader, and the chair and
ranking minority member of the
Committee on House Administration
in the case of any financial irregu-
larity discovered in the course of car-
rying out responsibilities under this
clause;
(4) simultaneously submit to the
Speaker, the Majority Leader, the
Minority Leader, and the chair and
ranking minority member of the
Committee on House Administration
a report of each audit conducted
under this clause; and
(5) report to the Committee on Eth-
ics information involving possible
violations by a Member, Delegate,
Resident Commissioner, officer, or
employee of the House of any rule of
the House or of any law applicable tothe performance of official duties or
the discharge of official responsibil-
ities that may require referral to the
appropriate Federal or State authori-
ties under clause 3(a)(3) of rule XI.
Office of the Historian
7. There is established an Office of
the Historian of the House of Rep-
resentatives. The Speaker shall ap-
point and set the annual rate of pay for
employees of the Office of the Histo-
rian.
Office of General Counsel
8. There is established an Office of
General Counsel for the purpose of pro-
viding legal assistance and representa-
tion to the House. Legal assistance and
representation shall be provided with-
out regard to political affiliation. The
Office of General Counsel shall func-
tion pursuant to the direction of the
Speaker, who shall consult with a Bi-
partisan Legal Advisory Group, which
shall include the majority and minor-
ity leaderships. The Speaker shall ap-
point and set the annual rate of pay for
employees of the Office of General
Counsel.
RULE III
THE MEMBERS, DELEGATES, AND
RESIDENT COMMISSIONER OF PUERTO
RICO
Voting
1. Every Member shall be present
within the Hall of the House during its
sittings, unless excused or necessarily
prevented, and shall vote on each ques-
tion put, unless having a direct per-
sonal or pecuniary interest in the
event of such question.
2. (a) A Member may not authorize
any other person to cast the vote of
such Member or record the presence of
such Member in the House or the Com-
mittee of the Whole House on the state
of the Union.
(b) No other person may cast a Mem-
bers vote or record a Members pres-ence in the House or the Committee of
the Whole House on the state of the
Union.
Delegates and the ResidentCommissioner
3. (a) Each Delegate and the Resident
Commissioner shall be elected to serve
on standing committees in the same
manner as Members and shall possess
in such committees the same powers
and privileges as the other members of
the committee.
(b) The Delegates and the Resident
Commissioner may be appointed to any
select committee and to any con-
ference committee.
RULE IV
THE HALL OF THE HOUSE
Use and admittance
1. The Hall of the House shall be used
only for the legislative business of the
House and for caucus and conference
meetings of its Members, except when
the House agrees to take part in any
ceremonies to be observed therein.2. (a) Only the following persons shall
be admitted to the Hall of the House or
rooms leading thereto:
(1) Members of Congress, Members-
elect, and contestants in election
cases during the pendency of their
cases on the floor.
(2) The Delegates and the Resident
Commissioner.
(3) The President and Vice Presi-
dent of the United States and their
private secretaries.
(4) Justices of the Supreme Court.
(5) Elected officers and minority
employees nominated as elected offi-
cers of the House.
(6) The Parliamentarian.(7) Staff of committees when busi-
ness from their committee is under
consideration, and staff of the respec-
tive party leaderships when so as-
signed with the approval of the
Speaker.
(8) Not more than one person from
the staff of a Member, Delegate, or
Resident Commissioner when that
Member, Delegate, or Resident Com-
missioner has an amendment under
consideration (subject to clause 5).(9) The Architect of the Capitol.
(10) The Librarian of Congress and
the assistant in charge of the Law Li-
brary.
(11) The Secretary and Sergeant-at-
Arms of the Senate.
(12) Heads of departments.
(13) Foreign ministers.
(14) Governors of States.
(15) Former Members, Delegates,
and Resident Commissioners; former
Parliamentarians of the House; and
former elected officers and minority
employees nominated as elected offi-
cers of the House (subject to clause
4).
(16) One attorney to accompany a
Member, Delegate, or Resident Com-
missioner who is the respondent in
an investigation undertaken by the
Committee on Ethics when a rec-
ommendation of that committee is
under consideration in the House.
(17) Such persons as have, by name,
received the thanks of Congress.
(b) The Speaker may not entertain a
unanimous consent request or a motion
to suspend this clause or clauses 1, 3, 4,
or 5.
3. (a) Except as provided in paragraph
(b), all persons not entitled to the
privilege of the floor during the session
shall be excluded at all times from the
Hall of the House and the cloakrooms.
(b) Until 15 minutes of the hour of
the meeting of the House, persons em-
ployed in its service, accredited mem-
bers of the press entitled to admission
to the press gallery, and other persons
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Exhibit 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTES__________________________________________
)SHANNON L. MCLAUGHLIN, et al., )
)Plaintiffs, ))
v. ) No. 1:11-cv-11905
)
LEON PANETTA, et al., ))
Defendants. )
__________________________________________)
ANSWER AND DEFENSES OF THE BIPARTISAN LEGAL
ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES
Intervenor-Defendant the Bipartisan Legal Advisory Group of the U.S. House of
Representatives (House), through counsel, respectfully answers Plaintiffs Complaint for
Declaratory, Injunctive and Other Relief (Oct. 27, 2011) (ECF No. 1) (Complaint), as follows:
The House responds to the individual numbered Paragraphs of the Complaint as follows:
1. Paragraph 1 characterizes Plaintiffs lawsuit and does not require a response.2. Paragraph 2 characterizes Plaintiffs lawsuit and does not require a response.3. Paragraph 3 characterizes Plaintiffs lawsuit and does not require a response.4. Paragraph 4 characterizes Plaintiffs lawsuit and does not require a response.5. Paragraph 5 characterizes Plaintiffs lawsuit and does not require a response.6. Paragraph 6 characterizes Plaintiffs lawsuit and does not require a response. To the
extent this Paragraph characterizes a document, that document speaks for itself.
7. Paragraph 7 characterizes a court decision, which speaks for itself.8. Paragraph 8 characterizes Plaintiffs lawsuit and does not require a response. To the
extent this Paragraph characterizes a document, that document speaks for itself.
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9. Paragraph 9 characterizes Plaintiffs lawsuit and does not require a response. To theextent this Paragraph characterizes a document, that document speaks for itself.
10. Paragraph 10 characterizes Plaintiffs lawsuit and does not require a response. To theextent a response is required, the House is without knowledge or information
sufficient to form a belief as to the truth or falsity of the allegations in Paragraph 10,
and therefore denies them.
11. Paragraph 11 characterizes Plaintiffs lawsuit and does not require a response.12. The first sentence in Paragraph 12 purports to state a legal conclusion to which no
response is required. The second sentence of this Paragraph characterizes a statute,
which statute speaks for itself.
13. Paragraph 13 purports to state legal conclusions to which no response is required.14. Paragraph 14 purports to state legal conclusions to which no response is required. To
the extent this Paragraph characterizes statutes, the statute speak for themselves.
15. Paragraph 15 purports to state legal conclusions as to which no response is required.To the extent this Paragraph characterizes statutes, the statute speak for themselves.
16. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in the first sentence of Paragraph 16, and therefore
denies them. The second sentence of Paragraph 16 characterizes Plaintiffs lawsuit
and does not require a response. To the extent this Paragraph purports to state legal
conclusions, no response is required.
17. The first sentence of Paragraph 17 characterizes Plaintiffs predictions about thecourse of this litigation and does not require a response. To the extent this Paragraph
purports to state legal conclusions, no response is required. To the extent the
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Paragraph incorporates Paragraph 7 of the Complaint, the House incorporates its
response to Paragraph 7 herein.
18. Paragraph 18 characterizes a document, which document speaks for itself.19. The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations Paragraph 19, and therefore denies them. To the
extent this Paragraph characterizes a document, that document speaks for itself.
20. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 20, and therefore denies them. To the
extent this Paragraph characterizes Plaintiffs predictions regarding the course of this
litigation, no response is required. To the extent this Paragraph characterizes a
document, that document speaks for itself.
21. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 21, and therefore denies them. To the
extent this Paragraph characterizes Plaintiffs predictions regarding the course of this
litigation, no response is required.
22. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 22, and therefore denies them. To the
extent this Paragraph characterizes Plaintiffs predictions regarding the course of this
litigation, no response is required. To the extent this Paragraph characterizes a
document, that document speaks for itself.
23. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 23, and therefore denies them. To the
extent this Paragraph characterizes a document, that document speaks for itself. To
the extent this Paragraph purports to state legal conclusions, no response is required.
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To the extent this Paragraph characterizes Plaintiffs predictions regarding the course
of this litigation, no response is required.
24. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 24, and therefore denies them. To the
extent this Paragraph characterizes documents, the documents speaks for themselves.
To the extent this Paragraph purports to state legal conclusions, no response is
required.
25. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 25, and therefore denies them. To the
extent this Paragraph characterizes documents, the documents speaks for themselves.
To the extent this Paragraph purports to state legal conclusions, no response is
required.
26. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 26, and therefore denies them. To the
extent this Paragraph characterizes documents, the documents speaks for themselves.
27. Paragraph 27 is a jurisdictional statement to which no response is required.28. Paragraph 28 is a jurisdictional statement to which no response is required. The
House is without knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations in this Paragraph concerning the residence of Plaintiffs
Shannon and Casey McLaughlin and whether certain events occurred in this district,
and therefore denies those allegations.
29. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 29, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
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30. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 30, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
31. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 31, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
32. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 32, and therefore denies them.
33.
The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 33, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
34. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 34, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
35. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 35, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
36. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 36, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
37. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 37, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
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38. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 38, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
39. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 39, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
40. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 40, and therefore denies them.
41.
The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 41, and therefore denies them.
42. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 42, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
43. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 43, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
44. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 44, and therefore denies them.
45. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 45, and therefore denies them.
46. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 46, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
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47. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 47, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required. The
House admits that Leonard Matlovich was a Vietnam veteran who was discharged
from the armed forces after he informed his superiors that he was homosexual in an
attempt to frame a legal challenge, which he later settled.
48. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 48, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
49. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 49, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
50. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 50, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
51. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 51, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
52. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 52, and therefore denies them.
53. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 53, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
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54. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 54, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
55. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 55, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
56. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 56, and therefore denies them.
57.
The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 57, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required. To
the extent this Paragraph characterizes a document, the document speaks for itself.
58. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 58, and therefore denies them.
59. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 59, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
60. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 60, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
61. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 61, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
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62. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 62, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions, no response is required.
63. The House admits the allegations in the first sentence of Paragraph 63. The secondsentence of this Paragraph purports to state a legal conclusion to which no response is
required. The third sentence of this Paragraph characterizes Plaintiffs lawsuit and
does not require a response.
64. The House admits the allegations in the first sentence of Paragraph 64. The secondsentence of this Paragraph purports to state a legal conclusion to which no response is
required. The third sentence of this Paragraph characterizes Plaintiffs lawsuit and
does not require a response.
65. The House admits the allegations in the first sentence of Paragraph 65. The secondsentence of this Paragraph purports to state a legal conclusion to which no response is
required. The third sentence of this Paragraph characterizes Plaintiffs lawsuit and
does not require a response.
66. Paragraph 66 characterizes Plaintiffs reasons for suing the United States and/orcharacterizes Plaintiffs lawsuit and does not require a response.
67. The House admits the allegations in the fifth sentence of Paragraph 67. The House iswithout knowledge or information sufficient to form a belief as to the truth or falsity
of the remaining allegations in this Paragraph, and therefore denies them. To the
extent this Paragraph alleges unverifiable opinion and/or policy preferences, no
response is required. To the extent this Paragraph purports to state legal conclusions
and/or characterizes Plaintiffs lawsuit, no response is required.
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68. The House is without knowledge or information sufficient to form a belief as to thetruth or falsity of the allegations in Paragraph 68, and therefore denies them. To the
extent this Paragraph purports to state legal conclusions and/or characterizes
Plaintiffs lawsuit, no response is required.
69. Paragraph 69 characterizes a statute, which statute speaks for itself.70. The House denies the allegations in the first sentence of Paragraph 70. The House is
without knowledge or information sufficient to form a belief as to the truth or falsity
of the allegations in the second sentence of Paragraph 70, and therefore denies them.
71.
The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the allegation in Paragraph 71 that the Act existed in a vacuum,
and therefore denies that allegation. The House admits the remaining allegations in
Paragraph 71.
72. Paragraph 72 purports to state legal conclusions and matters of unverifiable opinionor policy preferences to which no response is required.
73. Paragraph 73 purports to state legal conclusions to which no response is required.74. Paragraph 74 purports to state legal conclusions to which no response is required. To
the extent this Paragraph characterizes a document, the document speaks for itself.
75. Paragraph 75 purports to state legal conclusions to which no response is required.76. Paragraph 76 purports to state legal conclusions to which no response is required. To
the extent a response may be required, the House is without knowledge or
information sufficient to form a belief as to the truth or falsity of the allegations in
Paragraph 76, and therefore denies them.
77. Paragraph 77 purports to state legal conclusions to which no response is required.
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78. The House admits the allegations in the first sentence of Paragraph 78. Theremaining allegations in Paragraph 78 purports to state legal conclusions to which no
response is required, and /or characterize a document, which document speaks for
itself.
79. Paragraph 79 purports to state legal conclusions to which no response is required.80. Paragraph 80 purports to state legal conclusions to which no response is required,
and/or characterizes a document, which document speaks for itself.
81. Paragraph 81 purports to state legal conclusions to which no response is required.82.
Paragraph 82 purports to state legal conclusions to which no response is required.
83. Paragraph 83 purports to state legal conclusions to which no response is required.84. The House admits the allegations in the first and second sentences of Paragraph 84.
The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the remaining allegations in this Paragraph, and therefore denies
them. To the extent this Paragraph purports to state legal conclusions, no response is
required.
85. As to Paragraph 85, the House reasserts the responses stated above to Paragraphs 1-84.
86. Paragraph 86 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
87. The first two sentences of Paragraph 87 purport to state legal conclusions to which noresponse is required, and characterize statutes, which statutes speak for themselves.
The House is without knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in the third sentence of this Paragraph, and therefore
denies them.
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88. Paragraph 88 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
89. As to Paragraph 89, the House reasserts the responses stated above to Paragraphs 1-84.
90. Paragraph 90 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
91. Paragraph 91 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
92. Paragraph 92 purports to state legal conclusions to which no response is required.The House specifically denies that Congress may not define the words marriage
and spouse, or similar terms, for purposes of federal law. To the extent this
Paragraph purports to state legal conclusions, no response is required. To the extent
this Paragraph characterizes provisions of the Constitution, those provisions speak for
themselves.
93. The House denies the allegations in Paragraph 93. To the extent this Paragraphpurports to state legal conclusions, no response is required. To the extent this
Paragraph characterizes statutes, the statutes speak for themselves.
94. Paragraph 94 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
95. Paragraph 95 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
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96. Paragraph 96 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
97. As to Paragraph 97, the House reasserts the responses stated above to Paragraphs 1-84.
98. Paragraph 98 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
99. Paragraph 99 purports to state legal conclusions to which no response is required. Tothe extent this Paragraph characterizes statutes, the statutes speak for themselves.
100.As to Paragraph 100, the House reasserts the responses stated above to Paragraphs 1-
84.
101. Paragraph 101 characterizes provisions of the Constitution, which provisions speakfor themselves.
102. Paragraph 102 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
103. Paragraph 103 purports to state legal conclusions to which no response is required.The House specifically denies that the Defense of Marriage Act, Pub. L. No. 104-199,
110 Stat. 2419 (1996) (DOMA), is punitive. To the extent this Paragraph
characterizes statutes and/or provisions of the Constitution, those statutes and
provisions speak for themselves.
104. Paragraph 104 purports to state legal conclusions as to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
105. As to Paragraph 105, the House reasserts the responses stated above to Paragraphs 1-84.
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106. Paragraph 106 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
107. The first two sentences of Paragraph 107 purport to state legal conclusions to whichno response is required, and characterize statutes, which statutes speak for
themselves. The House is without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegations in the third sentence of this
Paragraph, and therefore denies them.
108. Paragraph 108 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
109. As to Paragraph 109, the House reasserts the responses stated above to Paragraphs 1-84.
110. Paragraph 110 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
111. Paragraph 111 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
112. Paragraph 112 purports to state legal conclusions to which no response is required.The House specifically denies that Congress may not define the words marriage
and spouse, or similar terms, for purposes of federal law. To the extent this
Paragraph purports to state legal conclusions, no response is required. To the extent
this Paragraph characterizes provisions of the Constitution, those provisions speak for
themselves.
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113. The House denies the allegations in Paragraph 113. To the extent this Paragraphpurports to state legal conclusions, no response is required. To the extent this
Paragraph characterizes statutes, the statutes speak for themselves.
114. Paragraph 114 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
115. Paragraph 115 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
116. Paragraph 116 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
117. As to Paragraph 117, the House reasserts the responses stated above to Paragraphs 1-84.
118. Paragraph 118 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
119. Paragraph 119 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
120. As to Paragraph 120, the House reasserts the responses stated above to Paragraphs 1-84.
121. Paragraph 121 characterizes provisions of the Constitution, which provisions speakfor themselves.
122. Paragraph 122 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
123. Paragraph 123 purports to state legal conclusions to which no response is required.The House specifically denies that DOMA is punitive. To the extent this Paragraph
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characterizes statutes and/or provisions of the Constitution, those statutes and
provisions speak for themselves.
124. Paragraph 124 purports to state legal conclusions as to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
125. As to Paragraph 125, the House reasserts the responses stated above to Paragraphs 1-84.
126. Paragraph 126 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
127.The first two sentences of Paragraph 127 purport to state legal conclusions to which
no response is required, and characterize statutes, which statutes speak for
themselves. The House is without knowledge or information sufficient to form a
belief as to the truth or falsity of the allegations in the third sentence of this
Paragraph, and therefore denies them.
128. Paragraph 128 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
129. As to Paragraph 129, the House reasserts the responses stated above to Paragraphs 1-84.
130. Paragraph 130 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
131. Paragraph 131 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
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132. Paragraph 132 purports to state legal conclusions to which no response is required.The House specifically denies that Congress may not define the words marriage
and spouse, or similar terms, for purposes of federal law. To the extent this
Paragraph purports to state legal conclusions, no response is required. To the extent
this Paragraph characterizes provisions of the Constitution, those provisions speak for
themselves.
133. The House denies the allegations in Paragraph 133. To the extent this Paragraphpurports to state legal conclusions, no response is required. To the extent this
Paragraph characterizes statutes, the statutes speak for themselves.
134. Paragraph 134 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
135. Paragraph 135 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
136. Paragraph 136 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
137. As to Paragraph 137, the House reasserts the responses stated above to Paragraphs 1-84.
138. Paragraph 138 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
139. Paragraph 139 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
140. As to Paragraph 140, the House reasserts the responses stated above to Paragraphs 1-84.
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141. Paragraph 141 characterizes provisions of the Constitution, which provisions speakfor themselves.
142. Paragraph 142 purports to state legal conclusions to which no response is required.To the extent this Paragraph characterizes provisions of the Constitution, those
provisions speak for themselves.
143. Paragraph 143 purports to state legal conclusions to which no response is required.The House specifically denies that DOMA is punitive. To the extent this Paragraph
characterizes statutes and/or provisions of the Constitution, those statutes and
provisions speak for themselves.
144. Paragraph 144 purports to state legal conclusions as to which no response is required.To the extent this Paragraph characterizes statutes, the statutes speak for themselves.
To any extent to which the House has not responded to an allegation of the Complaint, or
has not affirmatively admitted an allegation of the Complaint, the House denies that allegation.
First Defense
Plaintiffs Complaint fails to state a claim on which relief may be granted.
Second Defense
Section 101(3) & (31) of Title 38 of the United States Code is consistent with, and does
not violate, the equal protection and substantive due process components of the Due Process
Clause of the Fifth Amendment of the U.S. Constitution or any other provision of the U.S.
Constitution.
Third Defense
Section 3 of DOMA is consistent with, and does not violate, the equal protection or
substantive due process components of the Due Process Clause of the Fifth Amendment of the
U.S. Constitution or any other provision of the U.S. Constitution.
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Fourth Defense
Certain Plaintiffs lack standing to bring certain of their claims.
Fifth Defense
Certain of Plaintiffs claims are not ripe.
Sixth Defense
Certain of Plaintiffs claims are barred by laches, estoppel, and/or applicable statutes of
limitation.
Seventh Defense
The House is not liable for any partys costs or attorneys fees.
* * *
The House reserves the right to assert additional defenses as the House becomes aware of
those defenses.
* * *
WHEREFORE, having fullyanswered and responded to the allegations of the Complaint,
the House respectfully requests that this Court enter judgment in its favor, upholding Section 101
of Title 38 and DOMA Section 3 against any and all constitutional challenges.
Respectfully submitted,
Paul D. Clement, Esq.
/s/ H. Christopher Bartolomucci
H. Christopher Bartolomucci, Esq.
Conor B. Dugan, Esq.
Nicholas J. Nelson, Esq.
BANCROFT PLLC
1919 M Street, N.W., Suite 470Washington, D.C. 20036
(202) 234-0090 (phone)
(202) 234-2806 (fax)
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Counsel for Proposed-Intervenor Defendant the
Bipartisan Legal Advisory Group of the U.S. House
of Representatives
Of Counsel
Kerry W. Kircher, General Counsel
William Pittard, Deputy General Counsel
Christine Davenport, Senior Assistant CounselKirsten W. Konar, Assistant Counsel
Todd B. Tatelman, Assistant Counsel
Mary Beth Walker, Assistant Counsel
OFFICE OF GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, D.C. 20515
(202) 225-9700 (phone)(202) 226-1360 (fax)
May 1, 2012
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS__________________________________________
)SHANNON L. MCLAUGHLIN, et al., )
)Plaintiffs, ))
v. ) No. 1:11-cv-11905
)
LEON PANETTA, et al., ))
Defendants. )
__________________________________________)
[PROPOSED] ORDER
UPON CONSIDERATION OF the Motion of the Bipartisan Legal Advisory Group of
the U.S. House of Representatives for Leave to Intervene (Motion), the opposition(s), if any,
and the entire record herein, it is by the Court this ___ day of __________________, 2012,
ORDERED
That the Motion is GRANTED for all the reasons stated in the Memorandum of Points
and Authorities filed in support of the Motion. It is FURTHER ORDERED
That the Bipartisan Legal Advisory Group of the U.S. House of Representatives be and
hereby is granted leave to intervene as a party defendant for all purposes.
________________________________________
THE HONORABLE RICHARD G. STEARNS
U.S. DISTRICT JUDGE
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