On Friday, May 20th the Bipartisan Legal Advisory Group (BLAG) of the U.S. House of Representatives filed a Motion for Leave to Intervene.... with the U.S. Court of Appeals for the First Circuit in two cases that had challenged the constitutionality of the Defense of Marriage Act (DoMA). For a copy of the filing, go here [PDF]. The lead attorney defending DoMA for the House is Paul Clement, former Solicitor General of the United States.
In its filing, the House states that the Department [of Justice] now refuses to defend the statute from the equal protection and due process challenges to DoMAs constitutionality (pp. 9-10). Thus, unless the House is permitted to intervene in the case, the desire of the House to have a constitutional defense of DoMA offered to the court will not be met. The Court of Appeals will now have to rule on whether it will grant the Houses motion.