K.S. Rajan (25
Feb 2013)
"Obama administration
urges justices to overturn anti-gay marriage law"
WASHINGTON (Reuters) - The Obama administration outlined its
argument on Friday why the U.S. Supreme Court should strike down
a federal law that defines marriage as between a man and woman.
Solicitor General Donald Verrilli filed a brief with the court
saying that section 3 of the Defense of Marriage Act was
unconstitutional, expanding on the administration's approach to
the controversial 1996 law, which it has formally opposed since
February 2011.
Section 3 defines marriage under federal law as being between a
man and a woman.
The law denies federal benefits to same-sex married couples that
are granted to married heterosexuals.
The administration's position is that the law violates the
guarantee of equal protection under the law.
In the brief, Verrilli said there was a history of
discrimination against gays and lesbians that required the
Supreme Court to take a careful look at any law that
specifically targets them as a group.
He therefore urged the court to take an approach to analyzing
the law known as "heightened scrutiny," which, if adopted by the
court, could make it more likely the court would find the law
unconstitutional.
"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," he wrote.
The Supreme Court is set to hear arguments in the case on March
27, the day after it weighs the constitutionality of a
California law, Proposition 8, which banned gay marriage in that
state.
The administration has until Thursday to decide whether to weigh
in on Proposition 8.
(Reporting by Lawrence Hurley; Editing by Kevin Drawbaugh and
Peter Cooney)