The Hill News

Whatever one might think about the Defense of Marriage Act (the legal invalidity of same-sex marriage), one should be critical of Attorney General Eric Holder's departmental policy to defend it, indeed propound it, in deportation cases while declaring that it is unconstitutional.

Immigration law allows an individual to petition for residency of his or her spouse so long as that spouse is not the same sex. Federal law does not recognize same-sex marriages. The attorney general stated in February that the administration deemed the act unconstitutional and determined as a matter of policy that the Justice Department would cease defending the act in courts. But it will continue to enforce the law? So he is not going to defend the law, but is going to invoke it?

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