US Attorney General Eric Holder has announced that the US will no longer defend Sec 3of DOMA (“Defense of Marriage Act”) in court. This section prevented the Federal Government (and is agencies, such as the IRS) from recognizing the legitimacy of same-sex marriages validly performed in the 5 states and District of Columbia where such marriages are legal, and resulted in tax and survivorship inequities. This means that for all practical purposes, the recent rulings by Federal Courts in the northeast holding DOMA to be an unconstitutional overreach of federal authority into state matters will stand.
From Holders statement:
“...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.
Consequently, the Department will not defend the constitutionality of Section 3 of DOMA as applied to same-sex married couples in the two cases filed in the Second Circuit. We will, however, remain parties to the cases and continue to represent the interests of the United States throughout the litigation. I have informed Members of Congress of this decision, so Members who wish to defend the statute may pursue that option. The Department will also work closely with the courts to ensure that Congress has a full and fair opportunity to participate in pending litigation...”
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