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  • The Fate of the Marital Union: Is DOMA Approaching Its Last Day?

    The Defense of Marriage Act’s (DOMA) days might be numbered. U.S. Attorney General Eric Holder recently announced that the Department of Justice (DOJ) will no longer defend the constitutionality of DOMA in court. While the DOJ will continue to appear in litigation and “represent the interests of the United States,” it will no longer argue that section 3 of DOMA is constitutional as applied to same-sex couples. This decision has sparked heated debate and a flurry of proposed legislation. Though riddled with controversy, the facts support that the executive made an appropriate, and arguably necessary, decision.