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Holder: States Can Refuse to Enforce Gay Marriage Bans

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Attorney General Eric Holder told his state counterparts they do not have to defend bans on same sex marriage. The remarks were made in an interview with the New York Times. Holder said that although state AG's cannot change laws, they can refuse to prosecute cases. Officials have refused to defend same-sex marriage bans in six states. All of the AG's refusing to defend the laws are Democrats. He said "Engaging in that process and making that determination is something that's appropriate for an attorney general to do." Holder stated if he were the AG in 1953, he would not have defended the "separate but equal" statue in Kansas that became the symbol of discrimination. Wisconsin Attorney General J.B. Hollen struck back at Holder, criticizing his announcement. He said "It really isn't his job to give us advice on defending our constitutions any more than it's our role to give him advice on how to do his job. We are the ultimate defenders of our state constitutions."

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