DOMA

The Supreme Court ruled this morning in a 5-4 decision that Section 3 of the Defense of Marriage Act is unconstitutional. Section 3 required that “in determining the meaning of any Act of Congress * * *  the word `spouse’ refers only to a person of the opposite sex who is a husband or a wife.” The FEHB Act, 5 USC § 8901, defines member of the family for self and family coverage purposes to include the enrollee’s spouse. The President has directed federal agencies to comply with the Court’s decision. We await OPM’s guidance. The Washington Post has a helpful discussion about what to expect.

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