PARTIES TO THE PROCEEDING
Respondent the Bipartisan Legal Advisory Groupof the U.S. House of Representatives (“House”) wasthe intervenor-defendant in the district court and isan appellant in the Second Circuit and a respondentin this Court.
Respondent the United States is an appellant inthe Second Circuit.Petitioner Edith Schlain Windsor, in her capacityas executor of the estate of Thea Clara Spyer, wasthe plaintiff in the district court and is the appelleein the Second Circuit.
The United States House of Representatives has articulatedits institutional position in litigation matters through a five-member bipartisan leadership group since at least the early1980’s (although the formulation of the group’s name haschanged somewhat over time). Since 1993, the House ruleshave formally acknowledged and referred to the BipartisanLegal Advisory Group, as such, in connection with its functionof providing direction to the Office of the General Counsel.
, Rule I.11, Rules of the House of Representatives, 103rdCong. (1993); Rule II.8, Rules of the House of Representatives,112th Cong. (2011). While the group seeks consensuswhenever possible, it, like the institution it represents,functions on a majoritarian basis when consensus cannot beachieved. The Bipartisan Legal Advisory Group currently iscomprised of the Honorable John A. Boehner, Speaker of theHouse, the Honorable Eric Cantor, Majority Leader, theHonorable Kevin McCarthy, Majority Whip, the HonorableNancy Pelosi, Democratic Leader, and the Honorable Steny H.Hoyer, Democratic Whip. The Democratic Leader and theDemocratic Whip have declined to support the position takenby the Group on the merits of DOMA Section 3’sconstitutionality in this and other cases.