President Barack Obama has ordered the Justice Department to stop defending the constitutionality of the Defense of Marriage Act, which defines marriage for federal purposes as only between a man and woman, according to a statement Wednesday from Attorney General Eric Holder.
“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 key provision in the law “fails to meet that standard and is therefore unconstitutional.”
“Given that conclusion, the president has instructed the (Justice Department) not to defend the statute” in two pending cases in New York, Holder said. “I fully concur with the president’s determination.”
Obama has previously expressed his personal opposition to the Defense of Marriage Act but had never stated an opinion relating to its constitutionality.
The administration had a March 11 deadline to respond to two lawsuits against the measure in New York. The 2nd U.S. Circuit Court of Appeals — which includes New York — is the only federal circuit to have never decided the basic legal question of whether a law discriminates against gay men and lesbians.
Republicans immediately ripped the White House’s decision, calling it a distraction at a time when they said the focus needs to be on the economy.
CNN Wire Staff
