Must Presidents Defend Laws They Don’t Like? - NYTimes.com

Is President Obama and Attorney General Holder's decision to oppose enforcement of a key element of the Defense of Marriage Act [1 U.S.C. § 7 and 28 U.S.C. § 1738C] a failure of the executive duty "faithfully execute" the laws? Adam Liptak reports.

Must Presidents Defend Laws They Don’t Like? - NYTimes.com

U.S. will not defend DOMA

President Obama took Attorney General Eric Holder's advice today, announcing that the United States will no longer defend the Defense of Marriage Act.  The act's key provision discriminates against lawfully married same-sex couples.  The decision is a notable departure for the President who has always asserted that in his view marriage is between "one man and one woman".  A few weeks back he noted that he was reconsidering his long-held position.  Today the Department of Justice declared that DOMA cannot withstand strict scrutiny - the legal standard by which racial classifications are measured.


The measure was declared unconstitutional last summer by District Judge Joseph Tauro who ruled in a case brought by Massachusetts Attorney General Martha Coakley.  Massachusetts was the first state to recognize same-sex marriage.

Attorney General Holder's full letter to Speaker of the House John Boehner is HERE.  Holder informs the Congress that the executive will not defend the statute.