October 2, 2014
WASHINGTON (AP) - Attorney General Eric Holder says that state attorneys general who believe that laws in their states banning same-sex marriage are discriminatory are not obligated to defend them.
For an example of a discriminatory law, Holder turns to the 1954 Brown v. Board of Education case that led to public school integration.
He tells The New York Times that had he been attorney general in Kansas in 1953, he would not have defended a Kansas statute that put in place separate-but-equal facilities.
In an interview Monday with the Times, Holder says an attorney general should apply the highest level of scrutiny before reaching a decision on whether to defend laws that touch on core constitutional issues like equal protection. He says the decision shouldn't be political or based on policy objections.
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