Defense of Marriage Act unconstitutional, says Obama to the Department of Justice
Obama declares Defense of Marriage Act unconstitutional
The president orders the Department of Justice to stop defending Defense of Marriage Act in court
From Salon.com
According to National Journal, President Barack Obama has declared the Defense of Marriage act unconstitutional. The administration made the announcement a few minutes ago and will alert Congress later today:
“The President believes that DOMA is unconstitutional. They are no longer going to be defending the cases in the 1st and 2nd circuits,” a person briefed on the decision said.
Attorney General Eric Holder confirmed the report in a statement to the press:
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. 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.