DOJ Statement on Defense of Marriage Act (DOMA)

"Much of the legal landscape has changed in the 15 years since Congress passed DOMA.   The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional.  Congress has repealed the military’s Don’t Ask, Don’t Tell policy.   Several lower courts have ruled DOMA itself to be unconstitutional.   Section 3 of DOMA will continue to remain in effect unless Congress repeals it or there is a final judicial finding that strikes it down, and the President has informed me that the Executive Branch will continue to enforce the law.   But while 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."


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