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

AP Photo / J. Scott Applewhite

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.