Currently there are 37 states where performing same-sex marriages are allowed.

The US government on Friday asked the Supreme Court to legalize marriage between people of the same sex in all 50 states, through a letter which states that “there is no adequate justification for such discrimination and abusive exercise of state power.”

In the 46-page document and presented to the High Court, the Department of Justice review the “discriminatory laws” states that “impose specific damages” to homosexual couples, sending the message that they are “second class”.

Read: Florida starts giving licenses to gay marriages

“These laws impose discriminatory appearance damage to same-sex couples and sends an inescapable message those same-sex couples and their children are second-class families, unworthy of recognition and benefits as opposite-sex couples take for granted” wrote the Attorney General Donald Verrilli in the document.

This petition the government of President Barack Obama comes just as the Supreme Court is scheduled to hear the oral arguments next month on the legality of state laws prohibiting gay links

Judges should consider whether the impediments to marriage of same sex are prohibited by the constitutional guarantee of equal protection under the law.

The nine judges hearing conducted an extended two hours in cases involving bans gay marriage in Ohio, Michigan, Kentucky and Tennessee. The decision must be known in late June.

Although the government has supported gay marriage, the document represents the first time that explicitly asks the Supreme Court determined that the ban violates the US Constitution.

Currently there are 37 states where performing same-sex marriages are allowed, although there is a legal battle in Alabama, the state’s highest court put on hold.