Last week, a Federal District Court in Boston ruled that Section 3 of Defense of Marriage Act (“DOMA”) — the section of the 1996 law which denies federal benefits to legally married same sex couples — is unconstitutional, stating that it interferes with the traditional state right to define marriage and forces the state to “violate the equal protection rights of its citizens.”
The Obama administration is in an unusual position. Attorney General Eric H. Holder Jr. has criticized the marriage act as violating the civil rights of same-sex couples. However the AG has also defended the statute as the prevailing law of the land until Congress repeals it.
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