WASHINGTON — House Speaker John Boehner said Friday the House might go to court to defend the federal law against same-sex marriage, which President Barack Obama’s administration has concluded is unconstitutional.
Boehner said he would convene a group of bipartisan congressional leaders that has the authority to instruct the House counsel to represent the chamber in court. The panel would include Boehner, Majority Leader Eric Cantor, R-Va.; Majority Whip Kevin McCarthy, R-Calif.; Minority Leader Nancy Pelosi, D-Calif., and Minority Whip Steny Hoyer, D-Md.
“The constitutionality of this law should be determined by the courts — not by the president unilaterally,” the Ohio Republican said in a statement. “This action by the House will ensure the matter is addressed in a manner consistent with our Constitution.”
Attorney General Eric Holder said the section of the 1996 law defining marriage as a union between a man and a woman is unconstitutional. Nonetheless, he said the Justice Department would enforce the Defense of Marriage Act, and it remains in effect.
Democrats on the panel were unlikely to support any defense of the law. Pelosi has lauded Obama’s decision to stop defending it as a “victory for civil rights, fairness and equality.”
The White House declined to comment on Boehner’s announcement.
