New York attorney general Eric Schneiderman filed a brief Tuesday in the case of Windsor v. United States to challenge the constitutionality of the Defense of Marriage Act, arguing that DOMA violates same-sex couples’ right to equal protection under the law and must be invalidated.
The friend-of-the-court brief, filed in the U.S. District Court for the Southern District of New York, argues that DOMA, which in section 3 prohibits the federal government from recognizing same-sex unions valid in the state, violates same-sex couples' right to equal protection under the law. The Obama administration announced earlier this year that it would no longer defend DOMA.
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