Alvarez agreed with the plaintiffs that the gay marriage ban violates the Illinois Constitution's equal protection clause. "I took an oath when I was sworn in to defend the constitution of the state of Illinois and I believe that's what I’m doing," Alvarez told the Associated Press. "I'm not going to defend something I believe is in violation of the constitution." Nor is Alvarez alone in choosing to abstain from pursuing or defending particular laws of one's jurisdiction. In other parts of Illinois--as well as other states, and even in the federal government--prosecutors are making similar decisions and standing by them. For example, President Barack Obama told the Justice Department in 2011 to stop defending the constitutionality of the Defense of Marriage Act.
MORE: http://www.abajournal.com/magazine/article/district_attorneys_are_declining_to_defend_controversial_state_and_federal/
