Attorney General Eric Holder says states’ attorneys general are not obligated to defend laws if they consider them discriminatory, including bans on same-sex marriage.

In an interview with The New York Times on Monday, Holder said officials who have studied same-sex marriage bans could refuse to enforce them.

“Engaging in that process and making that determination is something that’s appropriate for an attorney general to do,” he told the Times.

Six Democratic state attorneys general have already decided not to defend their states’ bans on same-sex marriage, the report notes.

Holder raised the landmark 1954 Brown v. Board of Education Supreme Court case, which integrated previously segregated schools.