What a week.
On Wednesday, Attorney General Eric Holder announced that the Department of Justice would no longer defend the Defense of Marriage Act in court. The administration believes that Section 3 of DOMA, which defines marriage as a union between “a man and a woman” and “spouse” as an opposite sex person, is unconstitutional. The importance of this message coming from the president can’t be overstated.
Recent rulings in circuit court cases have found Section 3 to be unconstitutional, as well. There are several cases making their way through the legal system that challenge the law's muster, in particular, whether Section 3 violates the constitutional right to due process.