Attorney General says Gay Marriage Bans Unconstitutional

AG Eric Holder tells ABC's Pierre Thomas that the Obama administration will file a brief advocating marriage equality if the Supreme Court takes the case.
1:19 | 07/13/14

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Transcript for Attorney General says Gay Marriage Bans Unconstitutional
He writes if the Supreme Court takes up that issue. What is the position the Justice Department going to be -- -- -- I think we will file a brief it is consistent with the actions we've taken over the past. Couple of years you know we did not defend the defense of marriage act -- vindicated by the Supreme Court president and asked us to make the the promise of the -- -- decision -- in a letter to the president. This couple weeks or so -- -- talk about all the things that we have done to knock down the barriers that still exist for same sex married couples. So we're proud of what we have done if be the case comes before the supreme -- We will file something consistent with what we have done that will be in support of of same sex marriage do you think that. Discrimination against gay people in terms of marriage. Is unconstitutional. Yeah I mean I think that's one of that's why we decided not to support. -- defense of marriage act. When you have the -- -- that are made on the basis. Sexual orientation they should be subject to heightened scrutiny. That being the case. I think a lot of these measures that ultimately will come before the court will not survive a heightened scrutiny examination.

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