• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Film/TV/Stream
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Tech/Science
  • Royals
  • Monkeypox
  • Trump critic Liz Cheney falls in U.S. primary, Murkowski survives
  • 13 Reasons Why star Tommy Dorfman gets engaged to a woman.
  • Jonathan Van Ness blasts US government’s response to monkeypox outbreak

Eric Holder Tells State Attorneys General: You Can Refuse to Defend Anti-Gay Marriage Laws

Andy Towle February 25, 2014

In a speech today to the National Association of Attorneys General in Washington, U.S. Attorney General Eric Holder told state attorneys general that they are not compelled to defend state laws banning same-sex marriage.

HolderVia the transcript of Holder's remarks as prepared for delivery, provided to Towleroad from the Justice Dept:

[Attorneys general must decide] not merely to use our legal system to settle disputes and punish those who have done wrong, but to answer the kinds of fundamental questions – about fairness and equality – that have always determined who we are and who we aspire to be, both as a nation and as a people.

These are the questions that drove President Obama and me to decide, in early 2011, that Justice Department attorneys would no longer defend the constitutionality of Section 3 of the Defense of Marriage Act. As I’ve said before, this decision was not taken lightly. Our actions were motivated by the strong belief that all measures that distinguish among people based on their sexual orientation must be subjected to a heightened standard of scrutiny – and, therefore, that this measure was unconstitutional discrimination. Last summer, the Supreme Court issued a historic decision – United States v. Windsor – striking down the federal government’s ban on recognizing gay and lesbian couples who are legally married. This marked a critical step forward, and a resounding victory for equal treatment and equal protection under the law.

More recently – and partly in response to the Windsor decision – a number of state attorneys general, including those in Pennsylvania, Nevada, Virginia – and, just last week, Oregon – have reached similar determinations after applying heightened scrutiny to laws in their states concerning same-sex marriage.

Any decisions – at any level – not to defend individual laws must be exceedingly rare. They must be reserved only for exceptional circumstances. And they must never stem merely from policy or political disagreements – hinging instead on firm constitutional grounds. But in general, I believe we must be suspicious of legal classifications based solely on sexual orientation. And we must endeavor – in all of our efforts – to uphold and advance the values that once led our forebears to declare unequivocally that all are created equal and entitled to equal opportunity.

This bedrock principle is immutable. It is timeless. And it goes to the very heart of what this country has always stood for – even though, as centuries of advancement in the cause of civil rights have shown, our understanding of it evolves over time. As I said just after the Administration’s decision on DOMA was announced, America’s most treasured ideals were not put into action or given the full force of law in a single instant. On the contrary: our ideals are continually advanced as our justice systems – and our Union – are strengthened; and as social science, human experience, legislation, and judicial decisions expand the circle of those who are entitled to the protections and rights enumerated by the Constitution.

As we gather here in Washington today, I believe that our highest ideals – realized in the form of landmark Supreme Court rulings, from Brown to Zablocki, from Romer to Lawrence, from Loving to Windsor – light a clear path forward. They have impelled us, in some instances, to extraordinary action. And the progress we’ve seen has been consistent with the finest traditions of our legal system, the central tenets of our Constitution, and the “fundamental truth” that, as President Obama once said, “when all Americans are treated as equal . . . we are all more free.”

In an interview yesterday with the NYT, Holder said, in advance of the speech: “Engaging in that process and making that determination is something that’s appropriate for an attorney general to do."

Some Republicans, of course, are not happy with Holder's remarks:

“It really isn’t his job to give us advice on defending our constitutions any more than it’s our role to give him advice on how to do his job,” said Attorney General J. B. Van Hollen of Wisconsin, a Republican. “We are the ultimate defenders of our state constitutions.”

Topics: News, Republicans, Supreme Court More Posts About: Barack Obama, Barack Obama, Eric Holder, Eric Holder, Gay Marriage, gay marriage, News

Related Posts
  • What’s in Biden’s big climate and health bill?
  • Michael K. Williams Was High On ‘Too Much Cocaine’ When He Met Barack Obama, Posthumous Memoir Reveals
  • Former Obama speechwriter explains why most Americans now hold the High Court in such low regard
  • 13 Reasons Why star Tommy Dorfman gets engaged to a woman.

    13 Reasons Why star Tommy Dorfman gets engaged to a woman.

    Published by BANG Showbiz English Tommy Dorfman reveals she is engaged to a woman. The ’13 Reasons Why’ actress – who came out as transgender in July 2021 and divorced from ex-husband Peter Zurkuhlen earlier this …Read More »
  • Jonathan Van Ness blasts US government’s response to monkeypox outbreak

    Jonathan Van Ness blasts US government’s response to monkeypox outbreak

    Published by BANG Showbiz English Jonathan Van Ness thinks the US government’s response to the monkeypox outbreak has been “fuelled by homophobia”. The 35-year-old TV star has blasted the government’s “botched response” to the health crisis …Read More »
  • Melissa Etheridge announces solo off-Broadway show

    Melissa Etheridge announces solo off-Broadway show

    Published by New York Daily News NEW YORK — Melissa Etheridge plans to be “the only one” to rock off-Broadway this fall. The Grammy and Academy Award-winning singer-songwriter announced that she will take center stage for …Read More »
  • Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

    Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

    Published by OK Magazine mega Twice as nice: Madonna took a trip to Italy to not only celebrate her own birthday, but her son Rocco Ritchie‘s too! The superstar, who turned 64, posted photos and videos …Read More »
Previous Post: « Scott Lively Is Nuts
Next Post: Coldplay Releases Atmospheric Surprise Single ‘Midnight’: VIDEO »

Primary Sidebar

Adjacent News

  • Biden signs $430 billion climate, healthcare and tax bill

    Biden signs $430 billion climate, healthcare and tax bill

  • Judge schedules Thursday hearing on motion to unseal Trump search warrant materials

    Judge schedules Thursday hearing on motion to unseal Trump search warrant materials

  • Dr. Oz Loses $5 Million Of GOP Campaign Funding In Pennsylvania As His Poll Numbers Continue To Plummet

    Dr. Oz Loses $5 Million Of GOP Campaign Funding In Pennsylvania As His Poll Numbers Continue To Plummet

Good Trash: Going to Read It Somewhere, Y’know

  • Ellen Has Not Contacted Ex-Lover Anne Heche Following Fiery Crash Into LA Home

    Ellen Has Not Contacted Ex-Lover Anne Heche Following Fiery Crash Into LA Home

  • Pete Davidson Proposed to Kim Kardashian Before Their Breakup

    Pete Davidson Proposed to Kim Kardashian Before Their Breakup

  • New bombshell book on Trump reveals he wanted to be treated like Hitler: ‘Totally loyal’

    New bombshell book on Trump reveals he wanted to be treated like Hitler: ‘Totally loyal’

RSS Partner Links

  • Wrestle Wednesday
  • Song of the Day: 'Heaven Must Have Sent You' by Bonnie Pointer
  • Page 1 Roundup (08/17)
  • WATCH: Murray Bartlett and Jimmy Fallon share some special Olivia Newton-John memories on “Tonight Show”
  • Morning Wood
  • Biden Signs Inflation Reduction Act — Hands Signing Pen To Manchin
  • Encyclopedia Madonnica Update — Pre-Order!

Most Recent

  • Trump critic Liz Cheney falls in U.S. primary, Murkowski survives

    Trump critic Liz Cheney falls in U.S. primary, Murkowski survives

  • 13 Reasons Why star Tommy Dorfman gets engaged to a woman.

    13 Reasons Why star Tommy Dorfman gets engaged to a woman.

  • Jonathan Van Ness blasts US government’s response to monkeypox outbreak

    Jonathan Van Ness blasts US government’s response to monkeypox outbreak

  • Melissa Etheridge announces solo off-Broadway show

    Melissa Etheridge announces solo off-Broadway show

  • Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

    Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

  • Viola Davis joins ‘Hunger Games’ prequel in ‘cruel,’ ‘fearsome’ role

    Viola Davis joins ‘Hunger Games’ prequel in ‘cruel,’ ‘fearsome’ role

  • NFL World Reacts To The Carl Nassib Signing News

    NFL World Reacts To The Carl Nassib Signing News

  • Haunted, self-possessed or just spirited: 2022’s Emmy-nominated songs

    Haunted, self-possessed or just spirited: 2022’s Emmy-nominated songs

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

Footer

Copyright © 2022 · Log in

×