- Joined
- Oct 12, 2009
- Messages
- 23,909
- Reaction score
- 11,003
- Location
- New Jersey
- Gender
- Male
- Political Leaning
- Libertarian - Right
He is not declaring the law unconstitutional. He is instructing his AG to not defend it from such a challenge.
The AG works for the president. The president is responsible for what the AG does, and that goes both ways.
Statement said: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.
Statement of the Attorney General on Litigation Involving the Defense of Marriage Act