Friday, February 25, 2011

Obama Administration Will not Defend DOMA

From the NYT:

President Obama, in a striking legal and political shift, has determined that the Defense of Marriage Act — the 1996 law that bars federal recognition of same-sex marriages — is unconstitutional, and has directed the Justice Department to stop defending the law in court, the administration said Wednesday.

Attorney General Eric H. Holder Jr. announced the decision in a letter to members of Congress. In it, he said the administration was taking the extraordinary step of refusing to defend the law, despite having done so during Mr. Obama’s first two years in the White House.
- Letter from Justice Department.

Commentary:
- Is this an Executive Power Grab?
- Does the President Have a Duty to Defend Laws Passed by Congress?