Once state legislation is passed, it's usually up to the governor and attorney general to see that the law is implemented. But in a number of high-profile cases around the U.S., top state officials are balking at defending laws on gay marriage, immigration and other socially divisive issues, saying the statutes are unconstitutional and should not be enforced.

In Pennsylvania, for example, Attorney General Kathleen Kane, a Democrat, says she will not defend the state's ban on same-sex marriage in federal court. In Hawaii, Gov. Neil Abercrombie, also a Democrat, filed court papers calling the state's gay marriage ban unconstitutional.

And in Indiana, Attorney General Greg Zoeller, a Republican, has come under fire from conservatives for refusing to defend a portion of the state's immigration law. He said a recent Supreme Court ruling on a similar Arizona provision means that Indiana's law is unconstitutional.