81 year old Edie Windsor and her lawyers, led by Roberta Kaplan, have unleashed an intense legal attack on DOMA. That's Edie standing with me in the photo to the left. I met her over the Fourth of July weekend. She's really amazing.
They've filed a motion for summary judgment in the case (basically that means Edie's lawyers want the judge to rule without proceeding to a trial.) Hopefully, that will result in a decision sooner rather than later. This is one of the cases where DOMA is being defended by the U.S. House of Representatives. It's Boehner's to lose -- and Edie's legal team is doing everything possible to make sure Boehner loses. Via New York Law Journal:
Challengers to the federal Defense of Marriage Act insist that every justification offered by Congress for defining marriage exclusively as between a man and a woman is contrary to logic and the law.I've said many times - and I will say again: John Boehner and his lawyer, Paul Clement, are no match for Edie Windsor and her lawyer, Robbie Kaplan.
In summary judgment papers filed in the Southern District of New York, lawyers for Edith Schlain Windsor argue that there is no good reason for treating her marriage to the late Thea Clara Spyer any differently than a heterosexual union.
Read Ms. Windsor's motion and memorandum.
Ms. Windsor's lawyers call the Defense of Marriage Act (DOMA) a radical measure and a clear violation of the right to equal protection of the laws under the Fifth Amendment to the U.S. Constitution.
