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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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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



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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


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.



litigation, no response is required.



litigation, no response is required. To the extent this Paragraph characterizes a

document, that document speaks for itself.


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.


extent this Paragraph characterizes documents, the documents speaks for themselves.

To the extent this Paragraph purports to state legal conclusions, no response is

required.



To the extent this Paragraph purports to state legal conclusions, no response is

required.



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.


extent this Paragraph purports to state legal conclusions, no response is required.


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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











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41.


truth or falsity of the allegations in Paragraph 41, and therefore denies them.










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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.













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57.


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.









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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.







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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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.


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.


the extent this Paragraph characterizes a document, the document speaks for itself.


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.


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.


truth or falsity of the allegations in the third sentence of this Paragraph, and therefore

denies them.


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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


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.




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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


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


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.



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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.











themselves.


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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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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.








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themselves.











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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




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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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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