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Attorney General

DOJ Defends Anti-Gay Marriage Law, But Indicates Disapproval

Posted Sep 18, 2009 12:04 PM CST
By Debra Cassens Weiss

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The U.S. Justice Department is defending—but not endorsing—a federal law that says marriage is a union between a man and a woman.

In court documents filed today, the department says the law is “constitutionally permissible,” although it disagrees with the statute as a policy matter, the Boston Globe reports. The filing says the law should be repealed because it is discriminatory. The statute is being challenged by six same-sex couples and three men whose husbands have died.

The law bars federal recognition of gay unions and denies gay couples access to Social Security benefits available to heterosexual couples, as well as health insurance programs for federal employees and the ability to file joint tax returns. The Associated Press also has the story.

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