
The Obama Administration continued to defend the so-called Defense of Marriage Act (DOMA) in a brief filed with the United States District Court in Boston last Friday. Passed in 1996 and signed into law by President Bill Clinton, DOMA defines marriage as between a man and a woman under federal law and allows states to refuse to recognize same-sex marriages performed in other states. The Justice Department's brief states that although the administration considers the law discriminatory and favors its repeal, they are nevertheless obliged to defend the statute "as long as reasonable arguments can be made in support of their constitutionality, even if the department disagrees with a particular statute as a policy matter."
The lawsuit was brought by six couples and three men whose husbands have died, who argue that DOMA is unconstitutional because it treats them like second-class citizens. Attorneys representing the plaintiffs say they expect the government to file a motion to dismiss.
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