Obama Administration Announces It Will No Longer Defend Defense Of Marriage Act; Attorney General Holder Calls DOMA “Unconstitutional”

Breaking news from Washington, CBS News reports that the Obama administration says it will no longer defend the constitutionality of a federal law that bans recognition of same sex marriage. In a statement Wednesday, Attorney General Eric Holder says President Barack Obama has concluded that the administration can no longer defend the federal law that defines marriage as only between a man and a woman. The Justice Department had defended the Defense of Marriage Act in court until now. Attorney General Eric Holder said in a statement that the Department will stop defending the policy because it has now been challenged in the Second Circuit, "which has no established or binding standard for how laws concerning sexual orientation should be treated. After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny," he said. "The President has also concluded that Section 3 of DOMA, as applied to legally married same sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President's determination." Holder said that despite the decision, his department will "remain parties to the cases and continue to represent the interests of the United States throughout the litigation." He added that members of Congress can still elect to defend the statute and that Justice will "work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation." The Defense of Marriage Act, enacted in 1996 by then-President Bill Clinton as an election year compromise, prohibits the federal government from recognizing same sex marriages, and that states not be forced to recognize same sex marriages from other states.