WASHINGTON (AP) — State attorneys general are not obligated to defend laws in their states banning same-sex marriage if the laws discriminate in a way forbidden by the Constitution, Attorney General Eric Holder told his state counterparts Tuesday.

Holder cited his own experience in refusing to defend the federal Defense of Marriage Act, as well as similar stances taken more recently by state attorneys general, in saying that laws that discriminate based on sexual orientation should be given close attention and greeted with suspicion.