Washington ( CNN ) Calling state bans on same-sex marriage `` incompatible with the Constitution , '' the Obama administration Friday filed a brief at the U.S. Supreme Court in support of couples who are making challenges in Kentucky , Michigan , Ohio and Tennessee . `` The marriage bans challenged in these cases impermissibly exclude lesbian and gay couples from the rights , responsibilities and status of civil marriage , '' Solicitor General Donald B. Verrilli Jr. wrote . He said the states have `` burdened petitioners in every aspect of life that marriage touches , from the mundane to the profound . '' The brief marks the first time the administration has formally made a filing with the high court supporting its position that bans on gay marriage should be declared unconstitutional nationwide . The court will hear arguments in the state cases on April 28 . Verrilli said the laws `` impose concrete harms on same-sex couples and send the inescapable message that same-sex couples and their children are second-class families , unworthy of the recognition and benefits that opposite-sex couples take for granted . '' The bans , he said , `` can not be reconciled with the fundamental constitutional guarantee of equal protection of the laws . '' He said there is `` no adequate justification for such a discriminatory and injurious exercise of state control . '' Verrilli stressed that throughout history lesbian and gay people have encountered numerous barriers that have `` prevented them from full , free , and equal participation in American life . '' In an op-ed earlier this week , published in USA Today , Attorney General Eric Holder wrote , `` Marriage equality is an idea whose time has come . '' President Barack Obama 's position on same-sex marriage has evolved . In May 2012 , in an interview with ABC News , he announced his support for gay marriage . `` At a certain point , '' he said , `` I 've just concluded that for me , personally , it is important for me to go ahead and affirm that I think same-sex couples should be able to get married . '' At his 2013 inauguration he said , `` Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law . '' In February 2013 , the administration filed a friend of the court brief on behalf of couples challenging California 's ban on same sex marriage . Verilli argued that California law provided same sex couples registered as domestic partners all the legal incidents of marriage , but denied them the `` designation of marriage . '' Ultimately , the Supreme Court dismissed that case . Supporters of the state bans have until the end of the month to file their briefs . Thursday was the deadline for briefs in support of petitioners . James Obergefell , the named plaintiff in the case , came to the court Friday as the Human Rights Campaign delivered a brief signed by over 200,000 individuals in support of same-sex marriage . In an interview , Obergefell said his journey began when he challenged Ohio 's refusal to recognize same-sex marriage on death certificates . He was legally married to his partner , John Arthur James , in Maryland in 2013 , but after Arthur died , Ohio officials refused to recognize Obergefell as his spouse . Asked what it would mean to him if his side wins , Obergefell said , `` It will mean John and I matter . It will mean we have the same rights and responsibilities as other Americans . ''
Administration files a brief before Supreme Court hears cases . Brief says bans on same-sex marriage violate the Constitution . Those in favor or bans will file their arguments February 2013 .