Hatch said the federal courts, not the Administration, decide the constitutionality of laws enacted by Congress.
“President Obama’s personal politics are trumping his presidential duty,” Hatch said. “Congress overwhelmingly passed the Defense of Marriage Act, a Democratic President signed it into law, and the Justice Department has a duty to defend it. It is deeply disturbing to see politics further distort the Department of Justice.”
Since its enactment, DOMA has defined marriage for federal purposes as being between a man and a woman. It further allows each state to refuse to recognize same-sex marriages contracted in other states where the practice is legal.