“The Obama administration urged the Supreme Court to strike down the Defense of Marriage Act’s prohibition on recognition of same-sex couples’ marriages in a Friday filing, arguing that laws that target gay people should face additional scrutiny by courts reviewing them.
Under such heightened scrutiny, as it is called, Solicitor General Donald Verrilli says that Section 3 of DOMA, which defines “spouse” and “marriage” under federal law as only those marriages between one man and one woman, is unconstitutional.
In summary, the administration 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.” Full story here!