Did the Obama Administration have a Duty to Defend DOMA?

I have a somewhat different perspective than co-blogger Todd Zywicki on the Obama administration’s decision not to defend DOMA in court. In my view, the President’s duty to uphold the Constitution supersedes any obligation he might have to defend a federal statute. Therefore, if he sincerely believes that a federal law is unconstitutional, he should choose not to defend it. I outlined my reasoning in greater detail in this post, written at the time the administration first decided not to defend Section 3 of DOMA. That post addresses both theoretical and practical arguments against the president’s decision.