NY Attorney General Eric Schneiderman Joins Case Vs DOMA

Dick Blume / The Post StandardNew York State Attorney General Eric Schneiderman speaking at the Thursday Morning Rountable, Syracuse in March.

ALBANY, N.Y. (AP) — New York Attorney General Eric Schneiderman has joined the court challenge against the 1996 Defense of Marriage Act that denies married gay couples federal benefits.

The brief filed Tuesday in U.S. District Court in Manhattan argues that the law violates same-sex couples' right to equal protection under the U.S. Constitution.

New York legalized same-sex marriage this year and previously recognized such marriages legally performed elsewhere.

Edie Windsor, who filed the suit, married partner Thea Spyer in Canada in 2007. Spyer died two years later. Federal authorities refused to acknowledge the couple's marriage and taxed the resulting inheritance.

Windsor is challenging the law's constitutionality and seeks a refund of estate taxes she was forced to pay.

Schneiderman says the federal law "improperly intrudes" on states' traditional role in defining marriage.