Retiring Senator Jeff Bingaman on Friday said he believes the Defense of Marriage Act (DOMA) is unconstitutional.

The 1996 law which prohibits government agencies from recognizing the legal marriages of gay and lesbian couples is heading to the Supreme Court, where justices are expected to rule on a challenge to its constitutionality.

The court will hear Windsor v. United States in March and is expected to hand down a ruling in June.

Appearing on MSNBC, Bingaman, a Democrat from New Mexico, said he believes the justices will strike down the law which he voted for in 1996.

“I think the two circuit courts that have determined that it's not constitutional are probably right,” he said. “That's my judgment today.”

“I think the country is ahead of the lawmakers on this. And I don't know what the Supreme Court will do, but it will not surprise me if they affirm … I think it's likely that they will [affirm the lower courts' judgment that it's unconstitutional]. And, you know, that's one of those acts that probably should not have been enacted.”

“President Clinton supported it and it think, frankly, it was done without sufficient consideration of all the factors.”

(Watch the segment on MSNBC.)