In a filing today on the merits of Section 3 of the Defense of Marriage Act (DOMA), the Obama Administration argued that the provision is unconstitutional and urged the Court to strike it down.

The brief, filed in Windsor v. United States, argues:


“Section 3 of DOMA violates the fundamental constitutional guarantee of equal protection. The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.”

Read the brief here.

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