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After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny. The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases.

Article II, Section 3, Clause 4: [the president]...shall take Care that the Laws be faithfully executed

Article II, Section 1, Clause 8: [the president]...shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Apparently he's one of those guys who feels the Oath expands the powers of the Presidency over the subsequent limitation in Article II. I guess this is standard - the federal law the Gov't will defend depends on the federal district it is challenged in, rather than consistently across all districts.

The Republic has ended. Welcome to the New Order of the Directorate.