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107-631: The House Office of General Counsel evolved from a low-level position that handled routine contracts. In the mid-1970s Speaker Tip O'Neil authorized it to handle constitutional questions, though it remained under the supervision of the House Clerk . The House authorized the Speaker to intervene in Chadha v. INS , and after that lawsuit's resolution in 1983 the five members of the House leadership, without authorization from

214-567: A real and personal ("particularized") complaint from filing a case or appeal in a federal court. Windsor noted in a statement that when she and her partner met nearly 50 years earlier that they never dreamed their marriage would land before the Supreme Court "as an example of why gay married couples should be treated equally, and not like second-class citizens". Noting that her deceased wife would be proud, Windsor added, "The truth is, I never expected any less from my country." On December 11,

321-573: A 5–4 decision issued on June 26, 2013, the Supreme Court found Section 3 of DOMA (codified at 1 U.S.C.   § 7 ) to be unconstitutional, "as a deprivation of the liberty of the person protected by the Fifth Amendment". The Court held that the Constitution prevented the federal government from treating state-sanctioned heterosexual marriages differently from state-sanctioned same-sex marriages, and that such differentiation "demean[ed]

428-578: A French-Canadian housekeeper until his father remarried when he was eight in 1921. O'Neill Sr. started out as a bricklayer, and later won a seat on the Cambridge City Council and was appointed Superintendent of Sewers. During his childhood, O'Neill received the nickname "Tip" after the Canadian baseball player James "Tip" O'Neill . He was educated in Roman Catholic schools, graduating in 1931 from

535-467: A best-selling autobiography and appeared in several commercials and other media. He died of cardiac arrest in 1994. O'Neill was the third of three children born to Thomas Phillip O'Neill and Rose Ann (née Tolan) O'Neill in the Irish middle-class area of North Cambridge, Massachusetts on December 9 1912, known at the time as "Old Dublin." His mother died when he was nine months old, and he was raised largely by

642-616: A brief calling for the return of papers seized from Jefferson's offices by the FBI in May 2006. In 2011, when President Barack Obama announced that the U.S. Department of Justice (DOJ) would no longer defend the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), House Speaker John Boehner convened BLAG to authorize the House Office of General Counsel or other outside attorneys to take

749-565: A cameo role in the February 17, 1983, episode of Cheers entitled "No Contest," which featured him ducking into the bar to escape Diane Chambers , who had pestered him on the street about his political ideals. The show, which was ranked 60th in the Nielsen ratings at that time, jumped 20 places the following week. He appeared in an episode of the NBC sitcom Silver Spoons , which featured him delivering

856-519: A campus guard saw her and another woman kissing. She received a bachelor's degree from the New School for Social Research , and a master's degree and PhD in clinical psychology from City University of New York and Adelphi University , respectively. In addition to her private psychology practice in Manhattan, Spyer was an accomplished violinist. She met Windsor in 1963 at a West Village restaurant, and

963-490: A case to have a direct interest in the outcome, rather than the "generalized interest" that the Department of Justice claims BLAG has in the defense of DOMA. BLAG has countered, citing the Supreme Court's decision in Chadha that "Congress is ... a proper party" to defend the validity of a statute" in such circumstances. On January 3, 2013, at the start of the 113th Congress , the House of Representatives included in its rules

1070-737: A conservative Republican . O'Neill became a leading opponent of President Reagan's conservative domestic policies, but O'Neill and Reagan found common ground in foreign policy, fostering the Anglo-Irish Agreement and implementing the Reagan Doctrine (despite considerable opposition to Reagan's support for the Contras in Nicaragua ) in the Soviet–Afghan War . O'Neill retired from Congress in 1987 but remained active in public life. He published

1177-470: A man of expansive appetite expecting the traditional eggs and sausage, said, "Mr. President... you know, we won the election." Carter was a reform-minded executive who often clashed with O'Neill on legislation. O'Neill wanted to reward loyal Democrats with projects at a time when Carter wanted to reduce government spending. A continually weakening economy and the Iran hostage crisis made prospects bleak for Carter and

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1284-672: A master's degree in mathematics at New York University ; in time, she would become one of the first female senior systems programmers at IBM . Thea Clara Spyer was born in Amsterdam on October 8, 1931, to a wealthy Jewish family that escaped the Holocaust by fleeing to the United States before the Nazi invasion of the Netherlands . Spyer enrolled at Sarah Lawrence College , but was expelled after

1391-435: A member of the immediate family" of "a United States official, a United States judge, [or] a Federal law enforcement officer", ... with the intent to influence or retaliate against that official. ... Although a "spouse" qualifies as a member of the officer's "immediate family", ... DOMA makes this protection inapplicable to same-sex spouses. The liberty protected by the Fifth Amendment's Due Process Clause contains within it

1498-461: A mock press conference praising recurring character Freddy Lippincottleman's efforts on behalf of the homeless. O'Neill also made a brief appearance in the 1993 film Dave as himself, assessing the work of the fictional American president in the movie. He also voiced narration for a segment of the Ken Burns series Baseball in which O'Neill, a lifelong Red Sox fan, read The Boston Globe from

1605-405: A motion asking to be allowed to intervene in the suit "for the limited purpose of defending the constitutionality of Section III" of DOMA. The Department of Justice did not oppose the motion. Windsor filed a motion for summary judgment on June 24. New York Attorney General Eric Schneiderman filed a brief supporting Windsor's claim on July 26, 2011, arguing that DOMA Section 3 could not survive

1712-661: A motion to dismiss the DOJ's Second Circuit appeal on July 19, claiming the DOJ lacks standing because it prevailed in the District Court. Meanwhile, Windsor's legal counsel filed a petition of certiorari before judgment with the Supreme Court on July 16, 2012, asking for the case to be considered without waiting for the Second Circuit's review, citing the plaintiff's age and health. The DOJ replied to BLAG's motion to dismiss, asserting: (1) its standing as an "aggrieved party", because

1819-489: A new scandal involving a nursing home in which O'Neill had invested $ 5,000 as a small-business loan in violation of federal law raised questions of impropriety, but did not prevent his reelection. With substantial majorities in both houses of Congress and control of the White House, O'Neill hoped that Democrats would be able to implement their legislation, including universal health care and guaranteed jobs programs. However,

1926-449: A professor of constitutional law at Duke Law School , wrote that Justice Roberts' view that the majority relied on federalism was a fallacy in that the majority did not place any weight on the federalism argument, but rather used "federalism as a waystation" to put off making a decision on the constitutionality of state laws concerning same-sex marriage. A day after the decision in Windsor ,

2033-527: A provision authorizing BLAG to defend DOMA and related laws, mentioning the Windsor case by name. It also made BLAG's role explicit: "the Bipartisan Legal Advisory Group continues to speak for, and articulate the institutional position of, the House in all litigation matters in which it appears". The Supreme Court ruled against BLAG in Windsor on June 26, and on July 18, BLAG acknowledged that in Windsor "[t]he Supreme Court recently resolved

2140-526: A senior at Boston College , O'Neill ran for a seat on the Cambridge City Council, but lost; his first race and only electoral defeat. The campaign taught him the lesson that became his best-known quote: " All politics is local ." After graduating in 1936, O'Neill was elected at the age of 24 to the Massachusetts House of Representatives , aided by tough economic times among his constituents;

2247-411: A statement regarding two lawsuits challenging DOMA Section 3, Windsor and Pedersen v. Office of Personnel Management . He explained that the Department of Justice (DOJ) had previously defended Section 3 of DOMA in several other lawsuits in jurisdictions where precedents required the court to use the rational basis standard for reviewing laws concerning sexual orientation. Since Windsor was filed in

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2354-888: Is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause . Edith "Edie" Windsor (née Schlain) was born in Philadelphia on June 20, 1929, to a Russian Jewish immigrant family of modest means. During her childhood, her father lost both his candy-and-ice-cream store and his house during the Great Depression , and she at times experienced anti-Semitism . After graduating from Temple University , she married Saul Windsor. They divorced less than one year afterward, and she confided to him that she longed to be with women sexually. The divorced Edie Windsor soon moved to New York City to pursue

2461-557: Is meant to be an equal-protection opinion, it is a confusing one". President Obama hailed the ruling as a "victory for American democracy". On the question of how the ruling would affect bans on same-sex marriage in those states that prohibit it, Obama said: "My personal belief, but I'm speaking now as a president as opposed to as a lawyer, is that if you've been married in Massachusetts and you move someplace else, you're still married, and that under federal law you should be able to obtain

2568-457: Is to identify a subset of state-sanctioned marriages and make them unequal. The principal purpose is to impose inequality, not for other reasons like governmental efficiency. Responsibilities, as well as rights, enhance the dignity and integrity of the person. And DOMA contrives to deprive some couples married under the laws of their State, but not other couples, of both rights and responsibilities. By creating two contradictory marriage regimes within

2675-476: Is unclear, the Second Circuit must adopt a predictive approach, as it did in this case. On September 11, 2012, following Windsor's petition for certiorari before judgment and before the Second Circuit's ruling, the Department of Justice filed its own petition for certiorari before judgment with the Supreme Court. After the appellate ruling on October 18, the parties filed supplemental briefs. On December 7,

2782-418: Is unconstitutional under the equal protection guarantees of the Fifth Amendment. Our straightforward legal analysis sidesteps the fair point that same-sex marriage is unknown to history and tradition, but law (federal or state) is not concerned with holy matrimony. Government deals with marriage as a civil status—however fundamental—and New York has elected to extend that status to same-sex couples.  It

2889-481: The Star Trek: The Next Generation episode " The Outrageous Okona " when a holographic comedian names O'Neill and posits that him wearing a dress would qualify as funny. This is the result of the android Data trying to gain a comprehension of comedy, a talent that he does not possess. O'Neill's emergence as a cultural figure was not restricted to commercials. Four years before his retirement, he had

2996-662: The 24th Amendment to the U.S. Constitution and the Voting Rights Act of 1965 . O'Neill voted against the Alaska Statehood Act but in favor of the Hawaii Admission Act . After wrestling with the issues surrounding the Vietnam War , in 1967 O'Neill broke with President Lyndon B. Johnson and came out in opposition to America's involvement. O'Neill wrote in his autobiography that he also became convinced that

3103-786: The Big Dig to carry Interstate 93 under Boston, was named after him. Other structures named after him include a House Office Building , the O'Neill Branch of the Cambridge Public Library (including an outdoor mural ), the Thomas P. O'Neill Jr. Federal Building in Boston, a federal office building in Washington, D.C., a golf course in Cambridge, and the main library (and the plaza in front of it) at his alma mater, Boston College . On June 22, 2008,

3210-622: The Defense of Marriage Act (DOMA), which denied federal recognition of same-sex marriages, was a violation of the Due Process Clause of the Fifth Amendment . Edith Windsor and Thea Spyer, a same-sex couple residing in New York , had their marriage recognized by the state of New York in 2008; Spyer died in 2009, leaving her entire estate to Windsor. Windsor sought to claim the federal estate tax exemption for surviving spouses , but

3317-566: The Fourth Circuit and to the Supreme Court arguing that judicial review of a statute should not extend to the political considerations underlying its enactment. In 2002, when a group of Democratic congressmen sued the Bush administration over access to census information, BLAG's Republican majority had the Office of House Council oppose them and argue that courts should not interfere in such disputes between

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3424-515: The Freedom Medal . On November 18, 1991, O'Neill was presented with the Presidential Medal of Freedom by President George H. W. Bush . In retirement, O'Neill, who suffered from colon cancer , made public service advertisements about cancer in which he joined athletes and movie stars in talking candidly about having the disease. O'Neill was referenced as an example of physical humor in

3531-493: The Grenada invasion conflicting with his public opinions of the time, David Powers questioning that John F. Kennedy's aide Kenneth O'Donnell allegedly heard more shots during his assassination in a conversation with O'Neill, and Senator Barbara Mikulski saying that "Tip has his memoirs mixed up," regarding opposition towards O'Neill endorsing Geraldine Ferraro in the 1984 vice presidential election . In 1987, O'Neill received

3638-601: The John F. Kennedy Presidential Library and Museum hosted a forum to celebrate the centennial of O'Neill's birth. O'Neill himself contributed several oral history interviews to its archives chronicling his work for the Democratic party and friendship with President Kennedy. United States v. Windsor United States v. Windsor , 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage . The Court held that Section 3 of

3745-657: The Reagan Doctrine in the Soviet-Afghan war . Wilson's position on the appropriations committees, and his close relations with CIA officer Gust Avrakotos , allowed him to steer billions of dollars to the Mujahideen through the CIA and Zia ul-Haq 's ISI . There was some contention about constitutional order of succession , which involved O'Neill, when Reagan was shot in March 1981. Secretary of State Alexander Haig famously said that he

3852-596: The Republic of Ireland in 1986. After retiring from Congress in 1987, O'Neill published his autobiography, Man of the House . Though it had a mixed reception by critics it became a national best-seller. The book also helped turn him into a national icon, and O'Neill starred in a number of commercials, including those for Trump Shuttle , Commodore Computers , Quality International Budget Hotels and for Miller Lite , in which he appeared with Bob Uecker . Critics, however, noted some inaccuracies with his book such as his views of

3959-557: The ceremonial first pitch at Game 3 of the 1986 World Series , played at Fenway Park . One of O'Neill's accomplishments as speaker involved Northern Ireland . O'Neill worked with fellow Irish-American politicians New York governor Hugh Carey , Senator Edward Kennedy , and Senator Daniel Patrick Moynihan to craft a peace accord between the warring factions. Beginning with the " Saint Patrick's Day declaration" in 1977, denouncing violence in Northern Ireland and culminating with

4066-501: The equal protection guarantees of the Fifth Amendment , and ordered that Windsor receive the tax refund due to her. Where BLAG had argued that the Spyer-Windsor marriage was not recognized by New York law at the time of Spyer's death – a prerequisite for Windsor's claim against the IRS – Jones cited the "informal opinion letters" of the state's governor, attorney general, and comptroller to

4173-469: The Bankruptcy Code's special protections for domestic-support obligations. ... It forces them to follow a complicated procedure to file their state and federal taxes jointly. ... It prohibits them from being buried together in veterans' cemeteries. For certain married couples, DOMA's unequal effects are even more serious. The federal penal code makes it a crime to "assaul[t], kidna[p], or murde[r] ...

4280-487: The Constitution to invalidate this democratically adopted legislation. He continued: Windsor's injury was cured by the judgment in her favor. ... What the petitioner United States asks us to do in the case before us is exactly what the respondent Windsor asks us to do: not to provide relief from the judgment below but to say that that judgment was correct. And the same was true in the Court of Appeals: Neither party sought to undo

4387-503: The Democrats in the 1980 congressional and presidential elections. O'Neill was a leading opponent of the Reagan administration 's domestic and defense policies. Following the 1980 election, with the U.S. Senate controlled by Republicans, O'Neill became the leader of the congressional opposition. O'Neill even went as far as calling Ronald Reagan "the most ignorant man who had ever occupied

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4494-567: The Democrats lacked party discipline , and while the Carter administration and O'Neill started out strong with the passage of ethics and energy packages in 1977, there were major stumbles. Troubles began with Carter's threats to veto a water-projects bill, a pet project of many members of Congress. O'Neill and other Democratic leaders were also upset by Carter's appointments of a number of his fellow Georgians, whom O'Neill considered arrogant and parochial, to federal offices and White House staff. O'Neill

4601-416: The District Court's stay prevents the DOJ from taking steps to cease enforcement of Section 3 of DOMA; and (2) that its participation ensures consideration of the constitutional issue if the Second Circuit or the Supreme Court determines that BLAG lacks standing. On September 27, Chief Judge Dennis Jacobs and Judges Chester J. Straub and Christopher F. Droney heard arguments in the case. On October 18,

4708-511: The District Court’s ruling and its affirmance in the Court of Appeals on BLAG's own authority." Justice Alito in dissent nevertheless argued that BLAG should have been allowed to defend the statute. He wrote that it was properly authorized to act on behalf of the House and had standing as an aggrieved party once part of DOMA was ruled unconstitutional because "the House of Representatives was a necessary party to DOMA's passage". He concluded: "in

4815-546: The Fifth Amendment". He further wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity." Four justices filed dissenting opinions, including Justice Antonin Scalia , who argued that the Court had "no power under the Constitution to invalidate this democratically adopted legislation". On

4922-475: The House did not properly authorize BLAG to intervene and that BLAG's direct participation violated the separation of powers doctrine. The DOJ also questioned BLAG's standing to appeal a District Court decision, relying on Buckley v. Valeo (1976). Democratic House Minority Leader Nancy Pelosi questioned the funding of BLAG's defense of DOMA, which in January 2013 BLAG capped at $ 3 million. On December 7, 2012,

5029-459: The House from 1953 to 1987. Born in North Cambridge, Massachusetts , O'Neill began campaigning at a young age by volunteering for Al Smith 's campaign in the 1928 presidential election . After graduating from Boston College , he won election to the Massachusetts House of Representatives , where he became a strong advocate of Franklin D. Roosevelt 's New Deal policies. He became Speaker of

5136-509: The House to call for the impeachment of President Richard M. Nixon in light of the Watergate scandal . As a result of the Tongsun Park influence-peddling scandal, House Speaker Carl Albert retired from Congress and O'Neill was elected speaker in 1977, the same year that Jimmy Carter became president. Tongsun Park had not directly paid O'Neill, although Park's parties in his honor and

5243-557: The House, established the House Bipartisan Leadership Group to represent the interests of the House in litigation, which it did several times as either intervenor or amicus over the next decade. On January 5, 1993, the Democratic-majority House adopted a rule creating the Office of General Counsel under the control of the Speaker "who shall consult with a Bipartisan Legal Advisory Group which shall include

5350-641: The Irish aid package upon the signing of the Anglo-Irish Agreement in 1985, the "Four Horsemen", as they were called, convinced both Carter and Reagan to press the British government on the subject. In 1981, O'Neill also created the Friends of Ireland with Kennedy and Moynihan, an organization to promote peace in Northern Ireland. O'Neill was made an honorary Irish citizen (an honor granting legally full citizenship) by

5457-540: The Massachusetts House in 1949 and won election to the United States House of Representatives in 1952 to succeed John F. Kennedy . In the U.S. House, O'Neill became a protégé of fellow Boston Representative John William McCormack . O'Neill broke with President Lyndon B. Johnson on the Vietnam War in 1967 and called for Richard Nixon 's resignation in light of the Watergate scandal . He quickly moved up

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5564-488: The Second Circuit Court of Appeals upheld the lower court's ruling that Section 3 of DOMA is unconstitutional. The majority opinion stated, "It is easy to conclude that homosexuals have suffered a history of discrimination." Thus they were part of a quasi-suspect class that deserves any law restricting its rights to be subjected to intermediate scrutiny . Because DOMA could not pass that test, Judge Jacobs wrote, it

5671-468: The Second Circuit's decision deprived the court of a "real dispute" and therefore of jurisdiction to hear the case, and whether BLAG had standing in its own right, i.e., the legal right to independently ask for the appeal to be heard in the event that the government was not a valid petitioner. Article III of the Constitution (the " Case or Controversy clause ") forbids parties that do not themselves have

5778-418: The State. DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than

5885-441: The Supreme Court "has cheated both sides, robbing the winners of an honest victory, and the losers of the peace that comes from a fair defeat". The opinions of Roberts and Scalia offered different interpretations of the majority ruling. Roberts said the majority opinion was based on federalism, finding DOMA unconstitutional because the federal government was interfering with state control of marriage. He wrote: "The dominant theme of

5992-442: The Supreme Court appointed Vicki C. Jackson , a professor of constitutional law at Harvard Law School , as an amicus curiae to argue the two additional questions it posed. BLAG filed its own petition for certiorari, in order to enable the court to rule on the constitutionality of DOMA, even if it were to decide that it lacked jurisdiction to hear the DOJ's petition. The Supreme Court heard oral arguments on March 27, 2013. In

6099-404: The Supreme Court granted certiorari in the case, now United States v. Windsor , accepting the DOJ's petition. In addition to the question presented by the DOJ – "Whether Section 3 of DOMA violates the Fifth Amendment's guarantee of equal protection" for same sex partners – the court also asked the parties to brief and argue two other questions: whether the government's agreement with

6206-415: The Supreme Court, in agreeing to hear another DOMA case, United States v. Windsor , asked the parties to address "whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case". Article III of the U.S. Constitution restricts the judiciary to hearing cases and controversies , which the Supreme Court has long interpreted to require parties to

6313-407: The White House," " Herbert Hoover with a smile", and "a cheerleader for selfishness." He also said that Reagan's policies meant that his presidency was "one big Christmas party for the rich." Privately, O'Neill and Reagan were always on cordial terms, or, as Reagan wrote in his memoirs, they were friends "after 6 p.m.". In that same memoir, when questioned by Reagan regarding a personal attack against

6420-495: The benefits of any lawfully married couple." Laurence Tribe , a professor of constitutional law at Harvard Law School , described Scalia's response and dissent as "intemperate", "extraordinary", and "at the very least, an exercise in jurisprudential cynicism". He considered that Scalia appeared to have been unable to resist "the temptation to use the occasion to insult the Court's majority, and Justice Kennedy in particular, in essentially ad hominem  ... terms". Neil Siegel,

6527-575: The case. In the wake of the U.S. Supreme Court ruling the Obama administration and several federal executive departments and agencies such as the Office of Personnel Management began to extend federal rights, privileges and benefits to married same-sex couples by changing regulations in order to conform with the Supreme Court decision in Windsor : As a result of the Windsor decision, married same-sex couples—regardless of domicile—have tax benefits (which include

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6634-528: The children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives. Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways. By its great reach, DOMA touches many aspects of married and family life, from the mundane to the profound. It prevents same-sex married couples from obtaining government healthcare benefits they would otherwise receive. ... It deprives them of

6741-489: The conflict in Vietnam was a civil war and that US involvement was morally wrong. While the decision cost O'Neill some support among older voters in his home district, he benefited from new support among students and faculty members at the many colleges and universities there. In the House of Representatives itself, O'Neill picked up the trust and support of younger House members who shared his antiwar views, and they became important friends who contributed to O'Neill's rise through

6848-399: The contrary along with several opinions in New York appellate courts. The plaintiff said afterward: "It's thrilling to have a court finally recognize how unfair it is for the government to have treated us as though we were strangers." Despite its approval of the ruling, the Justice Department filed a notice of appeal on June 14, 2012, to facilitate BLAG's defense of the statute. BLAG filed

6955-727: The couple, whose moral and sexual choices the Constitution protects". Justice Anthony Kennedy authored the majority opinion, joined by Justices Ginsburg , Breyer , Sotomayor , and Kagan . Kennedy's decision to strike down a central part of DOMA cited the principles of state autonomy, equal protection and liberty, but the constitutional basis for striking down the law was not entirely clear, as it had elements of federalism , equal protection and due process. The answer may be found in Windsor's brief, in which she argues that DOMA operates to say "that married gay couples aren't genuinely married at all but are instead 'similarly situated' to unmarried people". The Court wrote: DOMA seeks to injure

7062-441: The day the Red Sox won the 1918 World Series . In the comic strip Shoe , the character Sen. Batson D. Belfry is modeled after O'Neill. O'Neill was portrayed by Dan Lauria in the 2024 film Reagan . O'Neill resided on 26 Russell Street in North Cambridge, although he had lived as a child around the corner on Orchard St. He had a vacation home on Woodland Rd. near Bank Street Beach in Harwich Port, Massachusetts . His wife

7169-413: The entire United States Code. The particular case at hand concerns the estate tax, but DOMA is more than a simple determination of what should or should not be allowed as an estate tax refund. Among the over 1,000 statutes and numerous federal regulations that DOMA controls are laws pertaining to Social Security, housing, taxes, criminal sanctions, copyright, and veterans' benefits. DOMA's principal effect

7276-410: The executive and legislative branches. In 2004, BLAG filed an amicus brief in Elk Grove Unified School District v. Newdow in support of a school district's practice of leading students in the recitation of the Pledge of Allegiance , including the words "under God." During the criminal proceedings against Rep. William Jefferson of Louisiana, following a unanimous vote of its five members, BLAG filed

7383-422: The executive branch for the political process. Tip O%27Neil Thomas Phillip "Tip" O'Neill Jr. (December 9, 1912 – January 5, 1994) was an American Democratic Party politician from Massachusetts who served as the 47th speaker of the United States House of Representatives from 1977 to 1987, the third-longest tenure in history and the longest uninterrupted tenure. He represented northern Boston in

7490-463: The experience made him a strong advocate of the New Deal policies of Roosevelt, which were just then coming to an end. His biographer John Aloysius Farrell said his background in Depression-era working-class Boston, and his interpretation of his Catholic faith, led O'Neill to view the role of government as intervening to cure social ailments. O'Neill was "an absolute, unrepentant, unreconstructed New Deal Democrat," Farrell wrote. In 1949, he became

7597-508: The federal judge hearing McLaughlin v. Panetta asked the parties to explain by July 18 why the logic that found DOMA's section 3 unconstitutional did not apply equally to federal regulations that control eligibility for veterans' spousal benefits, which define "spouse" as "a person of the opposite sex". On July 18, 2013, BLAG stated in a court filing that in light of Windsor , they would no longer seek to defend this case or similar statutes in court, and sought leave to withdraw from defending

7704-415: The first Democratic Speaker of the Massachusetts House of Representatives in its history. He remained in that post until 1952, when he ran for the United States House of Representatives from his home district. O'Neill was elected to the congressional seat vacated by Senator-elect John F. Kennedy in 1952. He would be reelected 16 more times, never facing serious opposition. His district, centered around

7811-459: The human race. He argued that the Court's ruling would affect state bans on same-sex marriage as well: As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe. By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition. Scalia concluded by saying that

7918-482: The issue of DOMA Section 3's constitutionality" and said "it no longer will defend that statute". Justice Anthony Kennedy 's decision for the majority in Windsor noted that BLAG's participation in the case helped reassure the court that it was presented proper adversarial argument despite the fact that principal parties to the case, the administration and Windsor, were not at odds. The court also found that it "need not decide whether BLAG would have standing to challenge

8025-421: The judgment for Windsor, and so that court should have dismissed the appeal (just as we should dismiss) for lack of jurisdiction. Scalia argued that the judgment effectively characterized opponents of same-sex marriage as "enemies of the human race": It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis , enemies of

8132-561: The jurisdiction of the Second Circuit Court of Appeals , which had no such precedent, the DOJ had identified the proper standard of review in such cases as the more demanding " heightened scrutiny ". Under that standard, it could no longer defend the constitutionality of DOMA Section 3. On April 18, 2011, Paul Clement , representing the Bipartisan Legal Advisory Group of the House of Representatives (BLAG), filed

8239-420: The leadership ranks in the 1970s, becoming House Majority Whip in 1971, House Majority Leader in 1973, and Speaker of the House in 1977. With the election of President Jimmy Carter , O'Neill hoped to establish a universal health care system and a guaranteed jobs program. However, relations between Carter and Congress deteriorated, and Carter lost re-election in the 1980 presidential election to Ronald Reagan ,

8346-625: The majority and minority leaderships." Republicans had offered without success an amendment that would have required approval by the entire House for the Office of Counsel to undertake certain kinds of litigation and enhanced BLAG's control of the office. BLAG has acted in a wide range of cases. In 1997, BLAG filed an amicus brief in Raines v. Byrd , an unsuccessful challenge to the Line Item Veto Act of 1996 . During consideration of Dickerson v. United States (2000), BLAG submitted an amicus brief to

8453-463: The majority opinion is that the Federal Government's intrusion into an area 'central to state domestic relations law applicable to its residents and citizens' is sufficiently 'unusual' to set off alarm bells. ... [I]ts judgment is based on federalism." Scalia was uncertain whether the majority relied upon that federalism argument or based its decision on Equal Protection grounds, writing, "if this

8560-595: The marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment. Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito authored dissenting opinions, which Justice Clarence Thomas joined. Justice Scalia's dissent, which

8667-530: The narrow category of cases in which a court strikes down an Act of Congress and the Executive declines to defend the Act, Congress both has standing to defend the undefended statute and is a proper party to do so." Justice Scalia in his dissent, without addressing the immediate instance of BLAG's standing, wrote that Alito's theory would improperly elevate the role of the courts and substitute lawsuits initiated by Congress or

8774-590: The northern half of Boston, was originally numbered as the 11th District, but became the 8th District in 1963. During his second term in the House, O'Neill was selected to the House Rules Committee where he proved a crucial asset for the Democratic leadership, particularly his mentor, fellow Boston congressman and later Speaker, John William McCormack . O'Neill voted in favor of the Civil Rights Acts of 1957 , 1960 , 1964 , and 1968 , as well as

8881-515: The now defunct St. John High School in Cambridge, where he was captain of the basketball team; he was a lifelong parishioner at the school's affiliated parish church St. John the Evangelist Church . From there he went to Boston College , from which he graduated in 1936. O'Neill first became active in politics at 15, campaigning for Al Smith in his 1928 presidential campaign . Four years later, he helped campaign for Franklin D. Roosevelt . As

8988-517: The place of the DOJ in defending the law. On March 9, 2011, BLAG by a vote of 3–2 directed the Office of General Counsel to defend DOMA. Attorneys representing BLAG filed a brief in U.S. District Court in San Francisco in Golinski v. Office of Personnel Management , opposing an action brought by a federal employee to invalidate Section 3 of DOMA under which health insurance coverage to her same-sex spouse

9095-673: The plaintiffs in a 2006 case that challenged the inability of same-sex couples to marry under New York law, Hernández v. Robles . Both Kaplan and Windsor were members of Congregation Beit Simchat Torah . Paul, Weiss, Rifkind, Wharton & Garrison, in conjunction with the American Civil Liberties Union (ACLU), filed the case in the U.S. District Court for the Southern District of New York on behalf of Windsor as executor of Spyer's estate on November 9, 2010. On February 23, 2011, Attorney General Eric Holder released

9202-513: The play According to Tip debuted in Watertown, Massachusetts , produced by the New Repertory Theatre . The one-man biographical play, written by longtime Boston sportswriter Dick Flavin , features O'Neill telling stories of his life, from his childhood to after his retirement in politics. Tony Award winner Ken Howard played the title role in the premiere production. In December 2012,

9309-459: The president that had made the paper, O'Neill explained that "before 6 p.m. it's all politics". Reagan once compared O'Neill to the classic arcade game Pac-Man in a speech, saying that he was "a round thing that gobbles up money." He also once joked he had received a valentine card from O'Neill: "I knew it was from Tip, because the heart was bleeding ." However, O'Neill gave tacit approval to Democratic congressman Charlie Wilson to implement

9416-554: The prohibition against denying to any person the equal protection of the laws. While the Fifth Amendment itself withdraws from Government the power to degrade or demean in the way this law does, the equal protection guarantee of the Fourteenth Amendment makes that Fifth Amendment right all the more specific and all the better understood and preserved. The class to which DOMA directs its restrictions and restraints are those persons who are joined in same-sex marriages made lawful by

9523-752: The provisions set forth in the Canadian Civil Marriage Act , after 40 years of romantic partnership. Canada's first openly gay judge, Justice Harvey Brownstone , officiated. After Spyer's death in 2009, Windsor was required to pay $ 363,053 in federal estate taxes on her inheritance of her wife's estate. Had federal law recognized the validity of their marriage, Windsor would have qualified for an unlimited spousal deduction and paid no federal estate taxes. In May 2008, New York Governor David Paterson had ordered state agencies to recognize same-sex marriages performed in other jurisdictions. Some lower-level state courts had made similar rulings, but whether

9630-513: The ranks in the House. In 1971, O'Neill was appointed Majority Whip in the House, the number three position for the Democratic Party in the House. Two years later, in 1973, he was elected House Majority Leader , following the disappearance of a small plane carrying Majority Leader Hale Boggs and Congressman Nick Begich in Alaska. As Majority Leader, O'Neill was the most prominent Democrat in

9737-423: The same State, DOMA forces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect. By this dynamic DOMA undermines both the public and private significance of state-sanctioned same-sex marriages; for it tells those couples, and all

9844-599: The same day, the Court also issued a separate 5–4 decision in Hollingsworth v. Perry that effectively allowed same-sex marriage in California to resume. Following the decision, the Obama administration began to extend other federal rights, privileges, and benefits to married same-sex couples. Two years later, in the case of Obergefell v. Hodges (2015), the Court struck down all state bans on same-sex marriage, ruling that marriage

9951-468: The scrutiny used for classifications based on sex and constitutes "an intrusion on the power of the state to define marriage". On August 1, 2011, BLAG filed a brief opposing Windsor's motion for summary judgment on the grounds that sexual orientation is not subject to heightened scrutiny. On June 6, 2012, Judge Barbara S. Jones ruled that a rational basis review of Section 3 of DOMA showed it to be unconstitutional, as it violated plaintiff's rights under

10058-563: The state's highest court would give such a ruling the force of law, as Windsor's claim for a refund required, remained uncertain and was disputed throughout her lawsuit. Windsor at first asked several gay rights advocacy groups to represent her, but none would take the case. Finally, she was referred to Roberta Kaplan , a partner at the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP , who later recalled: "When I heard her story, it took me about five seconds, maybe less, to agree to represent her". Kaplan had unsuccessfully represented

10165-534: The two began dating after they reconnected in the Hamptons during Memorial Day weekend of 1965. Windsor had first suggested engagement in 1965. Spyer proposed to her in 1967 but presented her with a diamond brooch instead of an engagement ring, fearing that Windsor would be stigmatized at work if her colleagues knew about her relationship. In 2007, the pair, both residents of New York, married in Toronto , Ontario, under

10272-486: The very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government. See U.S. Const., Amdt. 5; Bolling v. Sharpe , 347 U.S. 497 (1954). When New York adopted a law to permit same-sex marriage, it sought to eliminate inequality; but DOMA frustrates that objective through a system-wide enactment with no identified connection to any particular area of federal law. DOMA writes inequality into

10379-471: The world, that their otherwise valid marriages are unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, ... and whose relationship the State has sought to dignify. And it humiliates tens of thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for

10486-405: Was "in control here" in response to a question as to who was in charge (with the president under anesthesia and Vice President George Bush traveling), but it was later pointed out that O'Neill was next in line after Bush. Reagan was only unconscious for a few hours, and no formal invocation of the line of succession took place. On October 21, 1986, O'Neill, representing President Reagan, threw out

10593-404: Was Mildred "Millie" Anne Miller (1914–2003). They had five children. His oldest son and namesake, Thomas P. O'Neill III , a former lieutenant governor of Massachusetts , works in public relations in Boston. Another son, Christopher, is a Washington lawyer. His third son, Michael, is deceased. Daughter Susan has a business in Washington, D.C., and the other daughter, Rosemary (died July 20, 2022)

10700-612: Was a political officer for the State Department . In 1980, O'Neill was awarded the Laetare Medal by the University of Notre Dame , considered the most prestigious award for American Catholics . He is the grandfather of actor Thomas Philip O'Neill IV. O'Neill died from cardiac arrest at Brigham and Women's Hospital in Boston on January 5, 1994, at the age of 81. President Bill Clinton paid tribute to him, saying, "Tip O'Neill

10807-419: Was also dismayed by Carter's frugal behavior in cutting executive staff and reducing the scale of White House entertainment. Carter even ended the practice of serving hard liquor at the White House to guests as a cost cutting measure. As Carter's term began in early 1977, Democratic leaders on Capitol Hill were invited to the White House for a breakfast where Carter served them sugar cookies and coffee. O'Neill,

10914-452: Was barred from doing so by Section 3 of DOMA. Seeking a refund, Windsor sued the federal government in the U.S. District Court for the Southern District of New York . As the Department of Justice declined to defend the constitutionality of Section 3 of DOMA, the Bipartisan Legal Advisory Group (BLAG) intervened to defend the law. District Judge Barbara S. Jones ruled that Section 3 of DOMA

11021-487: Was denied. In Golinski and a series of lawsuits challenging DOMA , BLAG's role has not been limited to filing amicus briefs. Without opposition from opposing counsel, several District Courts have granted BLAG intervenor-defendant status. In one DOMA case, McLaughlin v. Panetta , plaintiffs' attorneys asked the court, without success, to limit BLAG to filing an amicus curiae brief rather than participating as intervenor-defendant as it did in other DOMA cases. They argued that

11128-420: Was joined in full by Justice Thomas and in part by Chief Justice Roberts, opened: This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today's opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under

11235-406: Was the first federal court of appeals decision to hold that laws that classify people based on sexual orientation should be subject to heightened scrutiny. Like the lower court, the Second Circuit held that the Spyer-Windsor marriage was valid under New York law, citing precedents on that question from several state appellate court decisions, two of which preceded Spyer's death. Where New York law

11342-484: Was the nation's most prominent, powerful and loyal champion of working people... He loved politics and government because he saw that politics and government could make a difference in people's lives. And he loved people most of all." Millie died in 2003 and is buried near her husband, at Mount Pleasant Cemetery in Harwich Port, Massachusetts . The Thomas P. O'Neill Jr. Tunnel , built through downtown Boston as part of

11449-462: Was unconstitutional, and her ruling was affirmed by the U.S. Court of Appeals for the Second Circuit . The Supreme Court granted certiorari in December 2012 and handed down its judgment on June 26, 2013. In the majority opinion, which was joined by four other justices, Justice Anthony Kennedy declared Section 3 of DOMA to be unconstitutional "as a deprivation of the liberty of the person protected by

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