DOMA Irony

In an ironic twist, the very group formed to defend DOMA’sconstitutionality gave the Supreme Court a hand up in ultimately deciding thatDOMA is unconstitutional.

Because the Attorney General refused to defend DOMA in court,the House of Representatives “formed a group called the Bipartisan LegalAdvocacy Group (BLAG) to vigorously defend the constitutionality of the law andappear in place of the attorney general before the court.”  The Supreme Court may have declined to reviewDOMA if BLAG had not provided a substantial adversarial argument in support ofDOMA’s constitutionality. 

See Donna Turley, The Irony of DOMA, Glickman Turley LLP,June 26, 2013.