McLaughlin v. Hagel

On October 27, 2011, the McLaughlin Group brought suit against the United States, the Secretary of Defense, the Attorney General, and the Secretary of Veterans Affairs, challenging the constitutionality of Section 3 of the Defense of Marriage Act (DOMA) as applied to definitions of marriage in Title 10, Title 32, and Title 38 of the United States Code as they affect same-sex military spouses. The district court stayed the proceedings in light of two similar challenges on appeal before the First Circuit. The First Circuit subsequently held Section 3 of DOMA invalid, and the Supreme Court held Section 3 unconstitutional as a violation of the Fifth Amendment. The district court then resumed proceedings in this case and entered summary judgment in favor of the McLaughlin Group. The McLaughlin Group moved for fees and costs under the Equal Access to Justice Act. The district court denied the motion, concluding that the government’s position was substantially justified. The First Circuit affirmed, holding that the district court correctly found that the position of the United States was substantially justified and thus properly denied fees as a matter of law. View "McLaughlin v. Hagel" on Justia Law