As DOJ Declines To Defend DOMA, Congress Could Step In | Talking Points Memo

After walking the line on the issue of same sex marriage for most of his time in office, President Barack Obama’s administration was forced to take a stand — thanks to two court cases challenging the constitutionality of the Defense of Marriage Act filed in a judicial district without precedent on the issue.The Justice Department’s announcement Wednesday that it had concluded that part of DOMA is unconstitutional and that it would not go to court to uphold DOMA was triggered by the fact that the Second Circuit Court doesn’t have an existing precedent on the issue. After a review of the cases, DOJ concluded that Section 3 of DOMA (which defines “marriage” and “spouse” for federal purposes) was unconstitutional.

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