The U.S. Supreme Court’s decision in the Defense of Marriage Act case likely will have repercussions for federal employment benefits, although it could be some time until they are sorted out. Because of that law, FEHB coverage and survivor annuity rights have not applied to same-sex spouses of employees and retirees. By ending the federal definition of "spouse" as someone of the opposite sex, the decision appears to pave the way for extending those benefits. However, it is not clear exactly how or when that would be done. Also, in the case of FEHB, at least, there is an issue regarding whether spousal coverage would apply in states that do not recognize same-sex marriage, and especially in those that ban it outright. A presidential order or formal rule-making process might be needed, potentially lengthy and possibly triggering yet more lawsuits.
