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The federal government has announced that it recognizes the marriages of same-sex couples who married in certain states in which same-sex marriage was legal for brief periods between the time a court order allowed such couples to marry and that court order was stayed, including Michigan and Utah. The VA and SSA can provide only limited benefits to married same-sex couples living in states where same-sex marriage isn't legal, with Congress required to amend federal law to rectify that inequity.

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With respect to social security and veterans benefits, same-sex married couples who live in states where same-sex marriage is recognized are eligible for full benefits from the Veterans Affairs (VA) and the Social Security Administration (SSA). Likewise in June 2014, family medical leave benefits under the Family Medical Leave Act 1975 were extended to married same-sex couples in all of the U.S. In February 2014, the Justice Department expanded recognition of same-sex marriages in federal legal matters, including bankruptcies, prison visits, survivor benefits and the legal right to refuse to testify to incriminate a spouse. Supreme Court ruled in Windsor on June 26, 2013, that Section 3 violated the Fifth Amendment.ДЄs a result of the Windsor decision, married same-sex couplesГўВЂВ“regardless of domicileГўВЂВ“have tax benefits (including the ability to file joint federal income tax returns), military benefits, federal employment benefits for employees of the U.S Government and immigration benefits. Asked to consider several cases that found DOMA Section 3 unconstitutional, the U.S. On October 18, 2012, the Second Circuit Court of Appeals became the first court to hold sexual orientation to be a quasi-suspect classification and applied intermediate scrutiny to strike down Section 3 of DOMA as unconstitutional in Windsor v. Beginning in 2010, eight federal courts found DOMA Section 3 unconstitutional on issues including bankruptcy, public employee benefits, estate taxes, and immigration. On July 8, 2010, Judge Joseph Tauro of the District Court of Massachusetts held that the denial of federal rights and benefits to lawfully married Massachusetts same-sex couples is unconstitutional under the equal protection clause of the U.S. Most lawsuits that seek to require a state to recognize a marriage established in another jurisdiction argue on the basis of equal protection and due process, not the full faith and credit clause.ДOMA's Section 3 defined marriage for the purposes of federal law as a union of one man and one woman. Even before DOMA, however, states sometimes refused to recognize a marriage from another jurisdiction if it was counter to its 'strongly held public policies'. It purports to relieve a state of its reciprocal obligation to honor the laws of other states as required by the Constitution's full faith and credit clause. DOMA's Section 2 says that no state need recognize the legal validity of a same-sex relationship even if recognized as marriage by another state. The Defense of Marriage Act (DOMA) was enacted in 1996. Prior to 1996, the federal government did not define marriage any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more states, as was the case until 1967 with interracial marriage which some states banned by statute. The legal issues surrounding same-sex marriage in the United States are determined by the nation's federal system of government, in which the status of a person, including marital status, is determined in large measure by the individual states. See also: legislation in the United StatesД¬ivil ceremony being performed in San Francisco City Hall in June 2008.

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