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The Defenseless Defense of Marriage Act!

Attorney General Eric Holder has issued a statement on February 23, 2010, advising that the Obama Administration no longer intends to defend challenges by legally married same-sex couples against the Defense of Marriage Act (“DOMA”).  The DOMA interprets “marriage” for purposes of federal law as being between one man and one woman. The Administration contends that the DOMA violates the equal protection clause of the Fifth Amendment and does intend to continue complying with the law.  While the future is very unpredictable, the Obama Administration’s evolving position on this type should be closely monitored because of the potential impact on the definition of “spouse” and other related terms within many of the employment related laws, such as the Family and Medical Leave Act (FMLA) and the Genetic Information Non-Discrimination Act (GINA).

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