Herrera hails President Obama’s recognition of DOMA as ‘unconstitutional’

City Attorney Dennis Herrera today hailed President Barack Obama’s decision to ask the Department of Justice to stop defending the Defense of Marriage Act. According to Attorney General Eric Holder, “…the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases.”