United States District Court District of Massachusetts
United States District Court District of Massachusetts
Defendants, by their undersigned counsel, hereby respectfully request leave to exceed the
page limitation for memoranda of law set forth in Local Rule 7.1(b)(4). In support hereof,
that the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (1996), violates the equal
protection principles in the Fifth Amendment as applied to their requests for benefits under
several federal programs. In addition to their constitutional claims, plaintiffs raise a statutory
claim regarding interpretation of the statute that governs one of those programs.
2. Defendants are filing a motion to dismiss. The motion addresses the merits of the
constitutional claims, including establishing the proper level of scrutiny. The motion also
addresses plaintiffs’ statutory claim, and asserts that certain of the plaintiffs lack standing to
pursue some of their claims. Additionally, defendants’ motion describes the various federal
defendants’ motion to dismiss. Defendants are submitting, simultaneously with this motion for
WHEREFORE, good cause having been shown, defendants respectfully request leave to
I hereby certify that I have conferred regarding this motion with counsel for the plaintiffs,
Mr. Gary Buseck, who stated that plaintiffs have no objection to the relief requested herein.
Respectfully submitted,
TONY WEST
Assistant Attorney General
MICHAEL K. LOUCKS
Acting United States Attorney
ARTHUR R. GOLDBERG
Assistant Director
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Certificate of Service
I hereby certify that this document(s) filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)
and paper copies will be sent to those indicated as non-registered participants, on September 18,
2009.