Just so everyone is clear. DOMA has been challenged in court, and certain provisions were found unconstitutional at a district court level. What the DOJ has decided, with Obama’s blessing, is that they now agree that section 3 of the DOMA is, in fact, unconstitutional, and they will no longer defend the law against the lawsuits pending.

And to take it a step further, they also feel higher courts should examine the law in order to verify that it is, in fact, unconstitutional.

The law isn’t being rescinded by decree, the DOJ and Obama, are just choosing to no longer defend the law after having it declared unconstitutional at a lower court level.