So in this case it's okay to have the courts overturn during passed legislation? Obama is a fatuous hypocrite

Federal appeals court takes up Defense of Marriage Act

An appeals court hears arguments on whether to nullify part of the 1996 law that denies certain rights and benefits to same-sex married couples. The case is likely to head to the Supreme Court.

Usually, the Justice Department defends federal laws in court, but last year President Obama and Atty. Gen. Eric H. Holder Jr. announced they would not defend the disputed part of the marriage act.