AP -- The Obama administration filed court papers Monday claiming a federal marriage law discriminates against gays, even as government lawyers continued to defend it.
Justice Department lawyers are seeking to dismiss a suit brought by a gay California couple challenging the 1996 Defense of Marriage Act. The administration's response to the case has angered gay activists who see it as backtracking on campaign promises made by Barack Obama last year.
In court papers, the administration said it supports repeal of the law.
Yet the same filing says the Justice Department will defend the statute in this case because a reasonable argument can be made that the law is constitutional.
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.
"The administration believes the Defense of Marriage Act is discriminatory and should be repealed," said Justice Department spokeswoman Tracy Schmaler, because it prevents equal rights and benefits.
The department is obligated "to defend federal statutes when they are challenged in court. The Justice Department cannot pick and choose which federal laws it will defend based on any one administration's policy preferences," Schmaler added.
The law, often called DOMA, denies federal recognition of gay marriage and gives states the right to refuse to recognize same-sex marriages performed in other states.
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