Obama Moves to Repeal Same Sex Marriage Ban

Fresno, Calif. Administration officials filed court papers challenging the government's law saying that it is unfair and discriminatory towards gays and lesbians. But the administration said that the government can continue defending the ban as their fight to end it progresses through the judicial system.

At least one scholar said it was a move that kept the Obama administration from siding with same-sex or traditional marriage advocates.

"Neither side is going to be happy with this, because the brief today does make the claim that same sex marriage ban is discriminatory and that is going to anger those who oppose same sex marriage, but at the same time, they are defending the ban on marriage as a technical matter and that is going to really upset the gay activists," said Julie Nice with the University of San Francisco Law School.

The Federal Defense of Marriage Act refuses to recognize same-sex marriages and does not allow for those couples to collect federal benefits.

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