WASHINGTON — The Obama administration said Wednesday it will no longer defend the Defense of Marriage Act (DOMA) in court, a 1996 measure that prohibits the federal government from recognizing same sex unions because it believes the law is unconstitutional.
In a statement, US Attorney General Eric Holder said that President Barack Obama opposes the law and believes it should be repealed.
“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,” Holder said.
This decision is something of a departure for the Justice Department which, as a matter of policy, defends most laws passed by Congress when they are challenged in court. The decision to decline to defend this statute, according to Holder, came about because Obama believes a certain part of it is unconstitutional.
Specifically, the Obama administration said the section of the law that defines marriage for federal purposes as only between one man and one woman denies gay and lesbian couples equal protection under the Constitution.
A pair of fresh legal challenges were filed in two federal courts late last year, accusing the federal government of violating the constitutional rights of gay and lesbian couples. Until now, the Justice Department has defended the measure that restricts the rights of same-sex couples.
As recently as mid-January, the Justice Department submitted a brief in a case before the First US Circuit Court of Appeals in preparation to defend the law. Even then, amid criticism from gay rights advocates, it noted that the Justice Department typically defense any US policy regardless of the president’s personal beliefs.
White House Press Secretary Jay Carney said President Barack Obama is “grappling” with his personal views on gay marriage, adding that Wednesday’s legal decision is “distinct” from his opinion on the controversial topic.
“I want to make the distinction between his personal views, which he has discussed, and the legal issue, the legal decision that was made today,” Carney said.
In his statement, Holder noted that the legal landscape has changed in the time since Congress passed the Defense of Marriage Act, advancing civil rights for gays and lesbians. The military’s ban on gays has been repealed, the Supreme Court ruled against laws criminalizing homosexual conduct, and several lower courts have ruled DOMA to be discriminatory.
The decision was welcomed by gay and lesbian and civil rights advocates.
“This is a monumental decision for the thousands of same-sex couples and their families who want nothing more than the same rights and dignity afforded to other married couples,” said Joe Solmonese, president of the Human Rights Campaign. “As the President has stated previously, DOMA unfairly discriminates against Americans and we applaud him for fulfilling his oath to defend critical constitutional principles.”
House Minority Leader Nancy Pelosi (D-Calif.) also tweeted her approval.
“Thrilled @TheJusticeDept is no longer defending an indefensible statute-all American families should be treated equally!” she wrote.
House Speaker John Boehner (R-Ohio) was less enthusiastic about the decision.
“While Americans want Washington to focus on creating jobs and cutting spending, the President will have to explain why he thinks now is the appropriate time to stir up a controversial issue that sharply divides the nation,” he said in a statement.