The impact of the Administration?s historic decision to stop defending the Defense of Marriage Act (DOMA) continues to ripple through our nation?s courts. On February 23, 2011, in a six-page letter to House Speaker John Boehner (R-OH), Attorney General Eric Holder explained why he and President Barack Obama had concluded that some level of heightened scrutiny should apply to sexual-orientation classifications and why, under heightened scrutiny, Section 3 of DOMA?which defines marriage as a legal union between a man and a woman for federal purposes?ought to be declared unconstitutional. LGBT advocates have begun citing this decision in a range of court challenges?from DOMA to immigration to ?Don?t Ask, Don?t Tell.?
On July 6, 2011, however, the U.S. Court
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