The federal government's current position, argued in court by the Department of Justice, is that DOMA's Section 3 is unconstitutional. The defense of the law has since been taken up by the House Bipartisan Legal Advisory Group (BLAG), which is controlled 3-2 by the House Republican leadership. If Romney wins, the Department of Justice would be overseen by an attorney general picked by Romney after he takes office on Jan. 20. (On the other -- less probable -- hand, the House leadership could flip to a 3-2 Democratic majority on BLAG earlier in January 2013 if Democrats do the unexpected and take back the House majority.)