The Obama administration Monday branded the federal Defense of Marriage Act “discriminatory” and urged its repeal — while defending it in a California court against a same-sex couple’s lawsuit.
While the law denying recognition of same-sex marriage exists, Department of Justice attorneys must find constitutional justification for it, said spokeswoman Tracy Schmaler.
President Barack Obama has disappointed gays by not reversing policies that deny some rights and privileges to same-sex couples.
Assistant U.S. Attorney General Tony West made it clear in his brief Monday that the administration defends the same-sex marriage law with reluctance.
“This administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal,” West wrote. “Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality.”
