Eric Holder Slams Arizona Bill That Would Allow Discrimination of Gays

Holder: Discriminatory laws don't need defending (The Boston Herald)

WASHINGTON — State attorneys general are not obligated to defend laws in their states banning same-sex marriage if the laws discriminate in a way forbidden by the Constitution, U.S. Attorney General Eric Holder told his state counterparts Tuesday.

Holder cited his own experience in refusing to defend the federal Defense of Marriage Act, as well as similar stances taken more recently by state attorneys general, in saying that laws raising questions of equal protection deserve a higher level of scrutiny. Any refusal to defend a state law must not be made lightly, he said, but it's imperative to uphold the values "that all are created equal and entitled to equal opportunity."

"Any decisions — at any level — not to defend individual laws must be exceedingly rare," Holder told state attorneys general at a meeting of their national association. "And they must never stem merely from policy or political disagreements — hinging instead on firm constitutional grounds."