Holder: State AGs Can Decide Whether To Defend Gay Marriage Bans

FILE - In this Jan. 29, 2014 file photo, Attorney General Eric Holder testifies on Capitol Hill in Washington. In an assertion of same-sex marriage rights, Holder is applying a landmark Supreme Court ruling to the Ju... FILE - In this Jan. 29, 2014 file photo, Attorney General Eric Holder testifies on Capitol Hill in Washington. In an assertion of same-sex marriage rights, Holder is applying a landmark Supreme Court ruling to the Justice Department, announcing Saturday that same-sex spouses cannot be compelled to testify against each other, should be eligible to file for bankruptcy jointly and are entitled to the same rights and privileges as federal prison inmates in opposite-sex marriages. (AP Photo/J. Scott Applewhite, File) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

U.S. Attorney General Eric Holder on Monday said that attorneys general across the country do not have to defend their state same-sex marriage bans in court if they believe the laws are discriminatory.

“Engaging in that process and making that determination is something that’s appropriate for an attorney general to do,” he told the New York Times.

Holder did not discourage states from defending their laws, however, according to the Times.

Six attorneys general have declined to defend the gay marriage ban in their state, according to the Times. Virginia’s attorney general refused to defend the state’s ban in January. Attorneys general in Nevada and Oregon both declined to defend their bans in February.

Since the Supreme Court struck down the Defense of Marriage Act last summer, which Holder refused to defend, federal judges have increasingly ruled state-level gay marriage bans unconstitutional.

Latest Livewire
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: