First the Department of Justice released the gratuitously homophobic Smelt brief.  Then we read reports that DOJ had rebuffed efforts by GLAD and Lambda Legal to “sit down with top folks at Justice to talk about [other active federal DOMA lawsuits] and what it meant and to engage in more cooperative lawyering”.  No surprise then that some of us were curious to see what aroma the next LGBT-related DOJ brief would emit.  

The DOJ’s response to GLAD’s DOMA challenge, Gill v OPM was expected today, June 29th.  However, because GLAD is amending their filing, we’ll have to wait until fall for DOJ’s response.

Update: GLAD Will File Amended Complaint

June 26, 2009

The government’s response to our DOMA complaint will not be due June 29. Per agreement between the parties, GLAD will be filing an amended complaint in late July. It will include all of the tax plaintiffs (some of whom were not originally included for administrative reasons), reflect the fact that the passport plaintiffs’ issue has been resolved, and perhaps make some other changes. The amended complaint will be posted [on GLAD's website]. The government’s response will be due on September 18, or 45 days after the amended complaint is filed.

Surely with this delay President Fierce Advocate’s DOJ will have had plenty of time to comprehend the difference between professional duty and gratuitous and damaging verbal violence.  Right?