The administration also has stopped defending the constitutionality of Section 3 of the Defense of Marriage Act in legal challenges.

WHITEHOUSE: Press Briefing by Press Secretary Jay Carney,

It is the first time the justices will review the constitutionality of this aspect of the Bush administration's war on terror, which grew quickly from the September 11, 2001, attacks.

CNN: Supreme Court will hear first appeals involving Guantanamo detainees

My understanding is that because of the decision about the constitutionality of DOMA and the position that the administration is taking, that we will no longer defend DOMA going forward.

WHITEHOUSE: Press Briefing