QUESTION PRESENTED:

Section 3 of the Defense of Marriage Act (DOMA) defines the term "marriage" for all purposes under federal law, including the provision of federal benefits, as "only a legal union between one man and one woman as husband and wife." 1 U.S.C. 7. It similarly defines the term "spouse" as "a person of the opposite sex who is a husband or a wife." Ibid. The question presented is:

Whether Section 3 of DOMA violates the Fifth Amendment's guarantee of equal protection of the laws as applied to persons of the same sex who are legally married under the laws of their State

Source

Merit Briefs

• Brief for Petitioner United States (On the Jurisdictional Question)
• Brief for Petitioner United States (On the Merits)
• Brief for Respondent the Bipartisan Legal Advisory Group of the U.S. House of Representatives (On the Jurisdictional Question)
• Brief for Respondent the Bipartisan Legal Advisory Group of the U.S. House of Representatives (On the Merits)
• Brief for Court-Appointed Amica Curiae (On the Jurisdictional Question)
• Brief for Respondent Edith Schlain Windsor (On the Jurisdictional Question)
• Brief for Respondent Edith Schlain Windsor (On the Merits)
• Reply Brief for Court-Appointed Amica Curiae (On the Jurisdictional Question)
• Reply Brief On Jurisdiction for Respondent The Bipartisan Legal Advisory Group Of The U.S. House of Representatives
• Reply Brief on the Merits for Respondent the Bipartisan Legal Advisory Group of the United States House of Representatives
• Reply Brief for Respondent Edith Schlain Windsor (On the Jurisdictional Question)
• Reply Brief for the United States (on the Jurisdictional Questions)

Amicus Briefs

In Support of Petitioner United States and Respondent Edith Schlain Windsor

• Brief for 172 Members of the U.S. House of Representatives and 40 U.S. Senators in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for 278 Employers and Organizations Representing Employers in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for the American Bar Association in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for the American Federation of Labor and Congress of Industrial Organizations, Change to Win, and the National Education Association in Support of Respondent Edith Schlain Windsor
• Brief for the American Humanist Association and American Atheists, Inc., American Ethical Union, the Center for Inquiry, Military Association of Atheists and Freethinkers, Secular Coalition for America, Secular Student Alliance, and Society for Humanistic Judaism in Support of Respondents (On the Merits)
• Brief for the American Jewish Committee in Support of Edith Schlain Windsor (On the Merits) (Also filed in 12-144)
• Brief for the American Psychological Association, the American Academy of Pediatrics, the American Medical Association, the American Psychiatric Association, the American Psychoanalytic Association, the California Medical Association, the National Association of Social Workers And its New York City and State Chapters, And the New York State Psychological Association in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for American Sociological Association in Support of Respondent Kristin M. Perry and Respondent Edith Schlain Windsor (Also Filed in 12-144)
• Brief for the Anti-Defamation League in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Bishops of the Episcopal Church in California, Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, and Washington and the District Of Columbia; the Jewish Theological Seminary of America; Manhattan Conference of the Metropolitan New York Synod of the Evangelical Lutheran Church in America; the Rabbinical Assembly; the Reconstructionist Rabbinical Association; Reconstructionist Rabbinical College; Rabbi Akiva Herzfeld of Shaarey Tphiloh; the Union for Reform Judaism; Unitarian Universalist Association; United Church of Christ; the United Synagogue of Conservative Judaism; Affirmation; Covenant Network of Presbyterians; Friends for Lesbian, Gay, Bisexual, Transgender, and Queer Concerns; Methodist Federation for Social Action; More Light Presbyterians; Presbyterian Welcome; Reconciling Ministries Network; Reconciling Works: Lutherans for Full Participation; and Religious Institute, Inc. in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for the Cato Institute and Constitutional Accountability Center in Support of Respondent Edith Schlain Windsor
• Brief for the Center for Fair Administration of Taxes (CFAT) in Support of Respondents
• Brief for Citizens for Responsibility and Ethics in Washington in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Constitutional Law Scholars in Support of Petitioner United States (On the Jurisdictional Questions)
• Brief for Constitutional Law Scholars Bruce Ackerman, Ash Bhagwat, Lee Bollinger, Erwin Chemerinsky, Michael C. Dorf, Lee Epstein, Barry Friedman, John C. Jeffries, Jr., Lawrence Lessig, William Marshall, Frank Michelman, Jane S. Schacter, Suzanna Sherry, Geoffrey R. Stone, David Strauss, Laurence Tribe, and William Van Alstyne in Support of Respondent Edith Schlain Windsor (On the Merits) (Also filed in 12-144)
• Brief for Dr. Donna E. Shalala, Dr. Louis W. Sullivan, Togo D. West Jr., Kenneth S. Apfel, Sheldon S. Cohen, Rudy F. Deleon, Jamie S. Gorelick, Michael J. Graetz, Dr. John J. Hamre, Benjamin W. Heineman Jr., Kathryn O. Higgins, Constance Berry Newman, and Harriet S. Rabb in Support of Respondent Edith Schlain Windsor
• Brief for the Empire State Pride Agenda, Equality California, Equal Rights Washington, One Iowa, Equality Maryland, Vermont Freedom to Marry, Massequality, New Hampshire Freedom to Marry Coalition and Equality Maine in Support of Respondent Edith Schlain Windsor (On the Jurisdictional Question)
• Brief for Family Equality Council; Colage; Our Family Coalition; Gay, Lesbian, and Straight Education Network; the Center on Children and Families; the Child Rights Project; and Sarah Gogin in Support of Respondent Edith Schlain Windsor (On the Merits)(Also filed in 12-144)
• Brief for Family Law Professors and the American Academy Of Matrimonial Lawyers in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Federalism Scholars in Support of Respondent Edith Schlain Windsor
• Brief for Former Federal Election Commission Officials in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Former Federal Intelligence Officer in Support of Petitioner United States and Respondent Edith Schlain Windsor (On the Merits)
• Brief for Former Senators Bill Bradley, Tom Daschle, Christopher J. Dodd, and Alan K. Simpson on the Merits in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Former Senior Justice Department Officials and Former Counsels to the President in Support of Petitioner United States (On the Jurisdictional Question)
• Brief for GLMA: Health Professionals Advancing LGBT Equality Concerning the Immutability of Sexual Orientation in Support of Affirmance (On the Merits)
• Brief for Gary J. Gates in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Gay & Lesbian Advocates & Defenders and Lambda Legal Defense & Education Fund, Inc. in Support of Petitioner Unite States and Respondent Edith Schlain Windsor (On the Merits)
• Brief for Historians, American Historical Society, et al. in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for the Honorable John K. Olson in Support of Respondent Edith Schlain Windsor (On the Jurisdictional Question)
• Brief for the Honorable John K. Olson in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Honorable Lawrence J. Korb, Radm. Thomas F. Atkin, Bg. Roosevelt Barfield, Dr. Coit D. Blacker, Gen. Wesley K. Clark, Richard Clarke, Hon. William Cohen, Cdr. Beth Coye, Hon. Russell D. Feingold, Bg. Evelyn Foote, Ltg. Robert G. Gard, Jr., et al. in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Institute for Justice in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Los Angeles County Bar Association and Armed Forces Committee of the Los Angeles County Bar Association in Support of Respondent Edith Schlain Windsor
• Brief for Family and Child Welfare Law Professors in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Leadership Conference on Civil and Human Rights, Bar Associations and Public Interest and Legal Service Organizations in Support of Respondent Edith Schlain Windsor
• Brief for NAACP Legal Defense & Educational Fund, Inc. in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for National Women’s Law Center, Williams Institute Scholars of Sexual Orientation and Gender Law, and Women’s Legal Groups in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for New York, Massachusetts, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia, in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for the Organization of American Historians and the American Studies Association in Support of Respondent Edith Schlain Windsor
• Brief for OutServe-SLDN Inc. in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for the Partnership for New York City in Support of Respondent Windsor and Affirmance of the Second Circuit (on the Merits)
• Brief for Political Science Professors in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Professors Nan D. Hunter, Suzanne B. Goldberg, Kathryn Abrams, Katherine M. Franke, Burt Neuborne, and Angela P. Harris Addressing The Merits in Support of Respondent Edith Schlain Windsor
• Brief for Scholars of the Constitutional Rights of Children in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders (Sage), the National Senior Citizens Law Center, the American Society on Aging, the National Hispanic Council on Aging, the Southeast Asia Resource Action Center, and the National Organization of Social Security Claimants’ Representatives in Support of Respondent Edith Schlain Windsor (On the Merits)
• Brief for Survivors of Sexual Orientation Change Therapies in Support of Petitioner United States of America and Respondent Edith Schlain Windsor

In Support of Respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives

• Brief for the American Civil Rights Union in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for the Becket Fund for Religious Liberty in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also filed in 12-144)
• Brief for the Beverly Lahaye Institute and the National Legal Foundation In Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Catholic Answers, Christian Legal Society, and Catholic Vote Education Fund in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also Filed in 12-144)
• Brief for Center for Constitutional Jurisprudence in Support of Respondent Bipartisan Legal Advisory Group (On the Jurisdictional Question)
• Brief for Chaplain Alliance for Religious Liberty, et al., in Support of Respondent the Bipartisan Legal Advisory Group (On the Merits)
• Brief for Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Fdn., U.S. Justice Fdn., Gun Owners of America, Inc., Gun Owners Fdn., The Lincoln Institute, Public Advocate of the U.S., Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation, English First, English First Fdn., CLDEF, Protect Marriage MD PAC, Delegate Bob Marshall, and Senator Dick Black in Support of Respondent Bipartisan Legal Advisory Group (On the Jurisdictional Question)
• Brief for Citizens United’s National Committee for Family, Faith and Prayer, Citizens United Foundation, U.S. Justice Foundation, Gun Owners Foundation, The Lincoln Institute, Public Advocate of the U.S., Declaration Alliance, Western Center for Journalism, Institute on the Constitution, Abraham Lincoln Foundation, Conservative Legal Defense and Education Fund, English First, Protect Marriage Maryland PAC, Delegate Bob Marshall, and Senator Dick Black in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Coalition for the Protection of Marriage in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also filed in 12-144)
• Brief for Concerned Women for America in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for David Boyle in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Dovid Z. Schwartz in Support of Respondent Bipartisan Legal Advisory Group
• Brief for Dr. Paul McHugh in Support of Respondent Bipartisan Legal Advocacy Group (On the Merits) (Also filed in 12-144)
• Brief for Eagle Forum Education & Legal Defense Fund, Inc., in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for the Family Research Council in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Foundation for Moral Law in Support of Respondent Bipartisan Legal Advisory Group
• Brief for Helen M. Alvaré in Support of Hollingsworth and Bipartisan Legal Advisory Group (On the Merits) (Also Filed in 12-144)
• Brief for Indiana and 16 Other States in Support of Respondent the Bipartisan Legal Advisory Group (On the Merits)
• Brief for International Jurists and Academics in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also filed in 12-144)
• Brief for Law Professors in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Liberty Counsel in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Liberty, Life and Law Foundation and North Carolina Values Coalition in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (also filed in 12-144)
• Brief for Manhattan Declaration in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Matthew B. O’Brien in Support of Hollingsworth and Bipartisan Legal Advisory Group (On the Merits)(Also filed in 12-144)
• Brief for National Association of Evangelicals; the Ethics & Religious Liberty Commission of the Southern Baptist Convention; the Church of Jesus Christ of Latter-Day Saints; the Lutheran Church-Missouri Synod; the Romanian-American Evangelical Alliance of North America; and Truth in Action Ministries in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for National Organization for Marriage in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Parents and Friends of Ex-Gays & Gays in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also filed in 12-144)
• Brief for Robert P. George, Sherif Girgis, and Ryan T. Anderson in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also filed in 12-144)
• Brief for Social Science Professors in Support of Respondent Bipartisan Legal Advisory Group (On the Merits) (Also filed in 12-144)
• Brief for the United States Conference of Catholic Bishops in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for United States Senators Orrin G. Hatch, Saxby Chambliss, Dan Coats, Thad Cochran, Mike Crapo, Charles Grassley, Lindsey Graham, Mitch McConnell, Richard Shelbe and Roger Wicker in Support of Respondent Bipartisan Legal Advisory Group (On the Merits)
• Brief for Utah Pride Center, Campaign for Southern Equality, Equality Federation and Twenty-Five State-Wide Equality Organizations (Also filed in 12-144)

In Support of Neither Party

• Brief for Westboro Baptist Church in Support of Neither Party Suggesting Reversal (On the Merits)
  
• Motion for Leave to File and Brief of Former Attorneys General Edwin Meese III and John Ashcroft on Jurisdiction and in Support of None of the Parties