Case: 10-2204 Document: 00116290270 ALSO filed in Cases 10-2207, 10-2214

Page: 1

Date Filed: 11/14/2011

Entry ID: 5595148

NOS. 10-2204, 10-2207, 10-2214 ______________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ______________________________________ COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF-APPELLEE, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL., DEFENDANTS-APPELLANTS. ______________________________________________ DEAN HARA, PLAINTIFF-APPELLEE/CROSS-APPELLANT, NANCY GILL, et al., PLAINTIFFS-APPELLEES, v. OFFICE OF PERSONNEL MANAGEMENT, et al., DEFENDANTS-APPELLANTS/CROSS-APPELLEES ______________________________________________ Motion Of Amici Curiae 31 Bar Associations, Public-Interest Organizations and Legal Service Organizations For Leave To Exceed Page Limit Amici Curiae American Civil Liberties Union LGBT Project, American Civil Liberties Union of Massachusetts, Asian American Institute, Asian American Justice Center, Asian Pacific American Legal Center, Boston Bar Association, Equality Federation, Equal Justice Society, Freedom to Marry, Hispanic National Bar Association, Human Rights Campaign, Human Rights Campaign Foundation, Japanese American Citizens League, Jewish Alliance for Law and Social Action, Lambda Legal Defense and Education Fund, Inc., Lawyers Committee for Civil Rights and Economic Justice, Legal Momentum, Massachusetts Bar Association, Massachusetts LGBTQ Bar Association, Mexican American Legal Defense and Education Fund, National Asian Pacific American Bar Association, National Black Justice Coalition, National Center for Lesbian Rights, National Gay and Lesbian Task Force Foundation, National LGBT Bar Association,

Case: 10-2204

Document: 00116290270

Page: 2

Date Filed: 11/14/2011

Entry ID: 5595148

National Organization for Women Foundation, National Womens Law Center, Out and Equal Workplace Advocates, Puerto Rican Bar Association, Southern Poverty Law Center, Womens Bar Association of Massachusetts ("Amici Curiae"), by their attorneys, respectfully request leave from the Court pursuant to Federal Rule of Appellate Procedure 27(a) to file a Brief of Amici Curiae in the above-captioned proceeding in excess of the 7,000 word limit set in Federal Rule of Appellate Procedure 32(a)(7). The Amici Curiae submit the following in support of their request: 1. Plaintiffs are 17 lawfully married or widowed men and women, whose marriages the United States government has chosen to nullify for federal purposes. Plaintiffs brought suit before the District Court for the District of Massachusetts, alleging that the Defense of Marriage Act (DOMA), 1 U.S.C. 7, violates the Equal Protection guarantee of the Fifth Amendment by discriminating between married couples. 2. On August 12, 2010, the District Court for the District of Massachusetts entered a judgment declaring that DOMA is unconstitutional as it applies to Plaintiffs (the Decision). 3. 4. On October 12, 2010, the Government timely appealed. On May 20, 2011, the Bipartisan Legal Advisory Group of the House of Representatives (BLAG) moved to intervene. Intervention was allowed, and BLAG filed its Appellants Brief on September 22, 2011. 5. The Government filed a superseding brief the same day.

Case: 10-2204

Document: 00116290270

Page: 3

Date Filed: 11/14/2011

Entry ID: 5595148

6.

On October 27, 2011, Plaintiff-Appellees filed their Appellees Brief. Pursuant to Federal Rule of Appellate Procedure 31, the brief of Amici Curiae is due on November 3, 2011.

7.

Amici are 31 bar associations, public-interest organizations, and legal service organizations committed to protecting the equal rights of AfricanAmericans, Latinos, Asian Americans and Pacific Islanders, women, people who are lesbian, gay, bisexual, or transgender, and others. In order to accommodate room for statements of interest for each separate organization, amici request leave to file an oversize brief limited to 9,000 words.

8.

Without including statements of interest, amicis brief would be 6,486 words long and would fully comply with the 7,000 word limit set by Federal Rule of Appellate Procedure 32(a)(7).

9.

Amici seek leave to file an oversize brief solely to accommodate the necessary statements of interest for each of the 31 separate organizations on whose behalf the brief is filed.

10.

No prejudice to the parties will result from this extension, nor will it interfere with the efficiency of the Court.

For these reasons, the Amici Curiae respectfully request that the Court grant to them permission to file a brief exceeding the 7,000 word limit, but not in excess of 9,000 words.

Case: 10-2204

Document: 00116290270

Page: 4

Date Filed: 11/14/2011

Entry ID: 5595148

Respectfully submitted,

Dated: November 14, 2011

/S/ ROBERT G. YOUNG ROBERT G. YOUNG 1ST CIR. BAR NO. 88531 EDWARDS WILDMAN PALMER LLP 111 Huntington Avenue Boston, Massachusetts 02199 (617) 239-0100

Case: 10-2204

Document: 00116290270

Page: 5

Date Filed: 11/14/2011

Entry ID: 5595148

CERTIFICATE OF SERVICE On November 13, 2011, I filed electronically, with the Clerk of the Court for the U.S. Court of Appeals for the First Circuit, using the appellate CM/ECF system, the foregoing Motion. I further certify that all parties in this case are registered CM/ECF users and will be served by the appellate CM/ECF system.

/S/ ROBERT G. YOUNG ROBERT G. YOUNG 1ST CIR. BAR NO. 88531 EDWARDS WILDMAN PALMER LLP 111 Huntington Avenue Boston, Massachusetts 02199 (617) 239-0100