The Obama administration on Friday filed a brief, urging the Supreme Court to strike down Section 3 of the Defense of Marriage Act, which keeps the federal government from recognizing same-sex couples legally married in states, and calling the law unconstitutional.

In the brief filed in United States v. Windsor, a case challenging Section 3 of DOMA, Solicitor General Donald Verrilli asked the court to uphold a federal appeals court ruling that found the 1996 federal law to be unconstitutional.

“Section 3 of DOMA violates the fundamental constitutional guarantee of equal protection,” Verrilli argued in the brief. “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. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.”

The brief counters the view of the House Republicans in the Bipartisan Legal Advisory Group that the courts cannot decide on the issue.

Read More From Obama Administration Urges Supreme Court to Revoke DOMA.

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