Something tells me the situation on DOMA is going to be murky for a while:
The Justice Department says a lesbian federal employee should still be denied permission to add her wife to her health insurance despite the Obama administration's refusal to defend a federal law banning recognition of same-sex marriages.
Government lawyers told a federal judge Monday in San Francisco that the administration will still enforce the Defense of Marriage Act until it is struck down by a court or repealed by Congress. They say its new position on the act's unconstitutionality is irrelevant.
I posted about Golinski's case a while back and how the DOJ refused to follow the judge's order to give Golinski's partner health care benefits because the judge was acting in his capacity as an employer, not a judge (the judge disagreed with them, but apparently that's still being fought out). But I wonder why the DOJ is waiting for DOMA to be "struck down by a court" when it was struck down last year in Massachusetts v. HHS and Gill v. OPM.
Speaking of which, the DOJ told the court in those cases that it would no longer defend DOMA: