Obama administration challenges Defense of Marriage Act

The Obama administration filed a brief Friday urging the U.S. Supreme Court to strike down the federal Defense of Marriage Act, also known as DOMA.

Solicitor General Donald Verrilli argued that Section 3 of DOMA is unconstitutional:

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.

supreme_court_buildingThe brief was filed in United States v. Windsor, challenging the Section 3 declaration that marriage is only between a man and a woman, according to an NBC News report. That section also allows state and federal authorities to deny same-sex couples benefits typically afforded to heterosexual couples.

The Supreme Court is scheduled to hear the case on March 27, a day after it is taking up California’s Proposition 8 ban on gay marriage.

Since Obama’s admission last summer that he personally supports gay marriage, speculation is that further action on the issue could be around the corner, something Obama hinted at in his second inaugural address.

“Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal,” he said.

House Republicans also filed a brief Friday, arguing for the right to defend DOMA, Fox News reported.

See US Merits Brief Windsor here.


Cheryl Carpenter Klimek

Cheryl Carpenter Klimek

Cheryl Carpenter Klimek has been a political consultant handling public affairs, political campaigns and PAC management for nearly 20 years.
Cheryl Carpenter Klimek


6 thoughts on “Obama administration challenges Defense of Marriage Act

  1. Groundzero says:

    Show your support for Traditional Marriage. Get to Washington DC for rally on 3-26-2013 at Supreme Court Building! Tell ur church & all your friends. Load the vans up!

  2. KB Cook says:

    The naked emperor is going all out — this is the "more-flexibility-after-re-election" plan on steroids. NOTHING is sacred or out-of-bounds at this point. We-the-people better exercise our God-given rights to govern ourselves or we'll be one big death camp for this man & his puppet masters' ideology.

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