Attorney General Eric Holder on Tuesday
stated that state attorneys general are not obligated to defend
unconstitutional laws.
Holder made his remarks in addressing
the National Association of Attorneys General winter meeting held in
Washington D.C.
“Any decisions – at any level –
not to defend individual laws must be exceedingly rare,” Holder
said. “They must be reserved only for exceptional circumstances.
And they must never stem merely from policy or political
disagreements – hinging instead only on firm constitutional
grounds. But in general, I believe we must be suspicious of legal
classifications based solely on sexual orientation. And we must
endeavor – in all of our efforts – to uphold and advance the
values that once led our forebears to declare unequivocally that all
are created equal and entitled to equal opportunity.”
Republican attorneys general disagreed
with Holder, saying they would continue to defend state laws and
constitutional amendments which prohibit gay couples from marrying.
“Our freedom depends on upholding the
rule of law and obtaining the consent of the governed,” Alan
Wilson, chairman of the Republican Attorneys General Association
(RAGA), told The
Wall Street Journal. “Republican attorneys general will
continue to fight every single day to protect our Constitution and
defend states' rights.”