The Obama administration Monday branded the federal Defense of Marriage Act 'discriminatory' and called for its repeal -- in the course of defending it against a lawsuit brought by a gay couple from Orange County, Calif. As long as the law denying federal recognition of same-sex marriages remains on the books, U.S. Department of Justice attorneys are obliged to find constitutional justification for it, explained department spokeswoman Tracy Schmaler. Obama has disappointed gay citizens by failing to reverse policies that deny some rights and privileges to same-sex couples. Assistant U.S. Attorney General Tony West made it clear in his brief Monday, though, that the administration defends the federal same-sex marriage barrier with reluctance. 'This administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal,' West wrote. 'Consistent with the rule of law, however, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the department disagrees with a particular statute as a policy matter, as it does here.' West urged the U.S. District Court for the Southern District of California to dismiss the lawsuit brought by Arthur Smelt and Christopher Hammer of Mission Viejo without addressing the merit of their claims that the federal law is unconstitutional. Smelt and Hammer haven't shown that they have been adversely affected by the federal law, West argued, because their marriage is legal in California and they haven't applied for any federal benefits that would be denied under the Defense of Marriage Act. 