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The Obama administration filed a reply brief today in the DOMA Smelt v. United States case. Recall that the first filing rocked most of the gay population back on its feet when it was filed back in June. That one argued in favor of DOMA by comparing homosexuality to incest and pedophilia.

Today’s new brief was notably softer in its tone and more direct about the administration’s view of DOMA:

With respect to the merits, this Administration does not support DOMA as a matter of policy, believes that it is discriminatory, and supports its repeal. 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. And in this case, plaintiffs’ constitutional claims are unavailing.

Obama also released a statement about the new brief:

Today, the Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged. This brief makes clear, however, that my Administration believes that the Act is discriminatory and should be repealed by Congress. I have long held that DOMA prevents LGBT couples from being granted equal rights and benefits. While we work with Congress to repeal DOMA, my Administration will continue to examine and implement measures that will help extend rights and benefits to LGBT couples under existing law.