Windsor v. The United States Of America

Filing 40

CONSENT MOTION for Leave to File amicus curiae brief in support of the Plaintiff. Document filed by New York State. (Attachments: # 1 Proposed Brief)(Heller, Simon)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
EDITH SCHLAIN WINDSOR, in her
:
capacity as Executor of the Estate of THEA :
CLARA SPYER,
:
:
Plaintiff,
:
:
v.
:
:
THE UNITED STATES OF AMERICA
:
:
Defendant. :
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No.1:10-cv-8435-BSJ-JCF
ECF Case

UNOPPOSED MOTION FOR LEAVE TO FILE A BRIEF FOR THE STATE
OF NEW YORK AS AMICUS CURIAE IN SUPPORT OF THE PLAINTIFF
The Attorney General of the State of New York hereby moves this Court,
upon the annexed Memorandum of Law and annexed proposed amicus curiae brief,
for an order granting the Attorney General leave to file a brief for the State of New
York as amicus curiae to explain that the Defense of Marriage Act, Pub. No. L. 104199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7 (“DOMA”), is
unconstitutional because it violates the equal protection component of the Due
Process Clause of the Fifth Amendment.
Counsel for Plaintiff and counsel for the United States have consented to this
motion. Counsel for the Bipartisan Legal Advisory Group of the U.S. House of
Representatives has no objection to this motion.

Dated: July 26, 2011.

Respectfully submitted,
ERIC T. SCHNEIDERMAN
Attorney General of the
State of New York
BARBARA D. UNDERWOOD
Solicitor General
BENJAMIN N. GUTMAN
Deputy Solicitor General
By:

/s/ Simon Heller
SIMON HELLER
Assistant Solicitor General
120 Broadway, 25th floor
New York, NY 10271
P: 212-416-8020
F: 212-416-8962
[e-mail]

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