“So this basically oks gay marriage? Same sex couples in any state can get married now?”
No. The law is still in place until the SCOTUS strikes it down. It’s just that when it’s challenged in court, those who support it in Congress are going to have to step up to defend it in lieu of the AG. Holder was basically giving the Congress warning that they’re going to have to step in on the 2nd Circuit case if they want the law defended.
I think the way the statement was phrased, however, is meant to give the impression that it is now the Executive (and its legal counsel), rather than the Supreme Court, that decides on the constitutionality of a law.
Obama and the gang were very successful in casting aside “advise and consent” during the last Congress, and they avoided anything that might have been problematic by declaring that policies that should have been set by the legislature were instead to be set by administrative acts of agencies of the Executive Branch.
With the change in the House, they have lost the ability to do this (not easily, at least). So now they’re attempting to do an end-run around the Supreme Court instead.
Thanks you explained it well