“[W]hile both the wisdom and the legality of Section 3 of DOMA will continue to be the subject of both extensive litigation and public debate, this Administration will no longer assert its constitutionality in court,” Holder said in a statement.
In a letter to Congress, Holder said the President has instructed the Justice Department not to defend the statute in two cases currently before the Second Circuit – Pedersen v. OPM and Windsor v. United States.
OPM also faces a lawsuit filed by a California attorney after the government agency refused to provide benefits to the attorney’s same-sex spouse (see Lawyer Sues Fed over Same-Sex Benefits). The agency said it wouldn’t follow a court order to provide the benefits because it believes the order is in violation of DOMA.Holder’s letter to Congress is here.
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