DOJ Drops Defense Of Same-Sex Marriage Statute

Law360, New York (February 23, 2011, 3:08 PM EST) -- The U.S. Department of Justice announced Wednesday that it would no longer defend the Defense of Marriage Act against legal challenges, following President Barack Obama's determination that the law violates the Fifth Amendment rights of legally married same-sex couples.

Although the DOJ has typically stood behind DOMA during previous court battles, recently filed lawsuits challenging Section 3 of the law — which defines marriage, for federal purposes, as between one man and one woman — caused the administration to re-examine its position, U.S. Attorney General Eric...
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