The issue focused on federal criminal laws that criminalize sexual activity between adults of the same gender. Under federal law, federal officials can legally punish federal employees who engage in sexual activity with federal employees of the opposite sex. In federal court, federal employees can sue federal officials for sexual harassment and discrimination. A federal court has found that federal employees can sue for sexual harassment and discrimination if they were subjected to discrimination because of their sexual orientation.

In court documents, the Justice Department lawyers argued that because same-sex marriage