Washington: The Barack Obama administration, in a major step towards institutionalizing same sex marriage urged US top court to overturn the marriage law.
The 1996 law defines marriage as a union exclusively between a man and a woman.
The legal request was filed on Friday which will be reviewed next month and decision will be taken.
It was Solicitor General Donald Verrilli who filed a brief in which he said that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional.
The law denies federal benefits to same-sex married couples that are granted to married heterosexuals.
Verrilli brought to light the discrimination against gays and lesbians and said that it is required of the Supreme Court to annul any law that goes against them.
The court will be hearing this case on March 27, where the DOMA law will be defended by House Republicans.