Former Senators Bill Bradley, Tom Daschle, Christopher Dodd and Alan Simpson — all of whom voted for the Defense of Marriage Act in 1996 — told the Supreme Court Friday that "the original justifications for DOMA can no longer be credited today," concluding that "our constitutional commitment to equality does not tolerate such discrimination." In urging the Supreme Court to strike down the federal prohibition on recognizing the state-sanctioned marriages of same-sex couples, the former senators tell the court: DOMA is an especially poor candidate for any claim of deference to the constitutional judgment of the political braches. It was enacted hastily, with little independent consideration of its constitutionality, against the backdrop of a constitutional jurisprudence this Court has since abandoned. It was premised in large part on fears that subsequent experience has proven unfounded. And it effects a discrimination that we now have come to recognize as incompatible with our constitutional commitment to equal treatment under the law.
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