Administration Calls Marriage Law Unfair

The government’s previous filing in the case angered gay rights activists who supported Obama’s candidacy in part because of his pledge to move forward on repealing the law and the “don’t ask, don’t tell” policy that prevents gays from serving openly in the military.

…Monday’s court filing was in response to a lawsuit by Arthur Smelt and Christopher Hammer, who are challenging the federal law, which prevents couples in states that recognize same-sex unions from securing Social Security spousal benefits, filing joint taxes and benefiting from other federal rights connected to marriage.

Justice lawyers have argued that the law is constitutional and contend that awarding federal marriage benefits to gays would infringe on the rights of taxpayers in the 30 states that specifically prohibit same-sex marriages.

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