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AG Kilmartin Joins States Challenging the Constitutionality of DOMA

Attorney General Peter F. Kilmartin today signed on to an amicus brief supporting state sovereignty over marriage in the case of United States v. Windsor, challenging the constitutionality of the federal Defense of Marriage Act (DOMA).

Noting that states have made different choices about protecting the rights of same sex marriage couples and their families, the amicus brief defends the prerogative of the states to regulate domestic relations free from federal intrusion.

"Allowing Congress to impose uniformity by rejecting state domestic relations decisions on the scant rationale offered in support of DOMA sets a dangerous precedent incompatible with our federal system and the role of the States in the system," said Attorney General Kilmartin.

The brief, authored by attorneys general in Massachusetts and New York, and joined by 14 states, including Rhode Island, will be filed this afternoon in the United States Supreme Court.

Related links

Department or agency: Department of the Attorney General

Online: http://www.riag.ri.gov/

Release date: 03-01-2013

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