The lawyers filed paper that could toss out a suit from a gay couple challenging the 1996 Defense of Marriage Act. The suit argues that the law -- which denies federal recognition of gay marriage -- is discriminatory and unconstitutional.
The administration has said the law should be repealed but the Justice Department is defending it because an argument could be made that the law is constitutional, the AP reported.
Obama says he'll work with Congress to repeal the law. In the meantime, gay rights activists are becoming impatient.
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