Retiring Sen. Jeff Bingaman (D-NM) told MSNBC on Friday that he believes the Defense of Marriage Act, which he voted for in 1996, is unconstitutional and will be struck down by the Supreme Court next year.
"I think the two circuit courts that have determined that it's not constitutional are probably right. That's my judgment today," he said of the law that prohibits federal recognition of same sex marriage.
"I think the country is ahead of the lawmakers on this," he said. "And I don't know what the Supreme Court will do, but it will not surprise me if they affirm ... I think it's likely that they will [affirm the lower courts' judgment that it's unconstitutional]. And, you know, that's one of those acts that probably should not have been enacted."
"President Clinton supported it and I think, frankly it was done without sufficient consideration of all the factors," he said.