In a letter to the Speaker of the House, Attorney General Eric Holder has informed Congress that on his advice President Obama has ordered the Department of Justice not to defend Section 3 of the Defense of Marriage Act, on the grounds that it violates the equal protection clause of the 5th amendment to the US Constitution. While this clause has withstood challenges in past appellate cases, there are two cases pending in circuits for which this is a matter of first impression.
The two cases, brought in New York and Connecticut respectively, are Windsor v. United States and Pedersen v. Office of Personnel Management. The DOJ’s deadline for filing a brief in each case is coming up but according to AG Holder, the administration will not be defending the law in court.
