The Defense of Marriage Act is an existing law of the land, duly passed by Congress and signed by the sitting President of the United States. The Executive Branch (President) is bound by his inauguration oath and the Constitution of the United States to enforce that law until it is repealed or otherwise altered by the Congress. That is true even if the Judicial Branch "advises" that part or all of it is unconstitutional, because the Judicial Branch has no authority to nullify or change the existing law. Congress must act on the Judicial Branch's advice to nullify (repeal) or change the law. No President (not even the original signer) can nullify or change a current law. It doesn't matter what the opinion of the current President is unless he can persuade Congress to act accordingly.



