In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

U.S. District Court Judge Joseph Tauro, appointed to the federal bench in 1972, ruled this afternoon in Gill v. Office of Personnel Management that Section 3 of the Defense of Marriage Act violates the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment to the U.S. Constitution. A companion decision in Massachusetts v. U.S. Dep't of Health and Human Services also was issued, with Tauro finding that DOMA also violates the Tenth Amendment and the Spending Clause of the Constitution.

President Barack Obama has repeatedly said he would like to see the 1996 law repealed. But the Justice Department has defended the constitutionality of the law, which it is required to do.

"The Department of Justice has a long-standing practice of defending federal statutes when they are challenged in court, including by appealing adverse decisions of lower courts," said Justice Department spokeswoman Tracy Schmaler.

I support the full and unqualified repeal of the federal Defense of Marriage Act. While some say we should repeal only part of the law, I believe we should get rid of that statute altogether,

The sentiment I expressed then is still where I am — which is, like a lot of people, I’m wrestling with this. My attitudes are evolving on this. I have always firmly believed in having a robust civil union that provides the rights and benefits under the law that marriage does. I’ve wrestled with the fact that marriage traditionally has had a different connotation. But I also have a lot of very close friends who are married gay or lesbian couples.

As I said before, I have a whole bunch of really smart lawyers who are looking at a whole range of options. My preference wherever possible is to get things done legislatively because I think it — it gains a legitimacy, even among people who don’t like the change, that is valuable.

So with “don’t ask, don’t tell,” I have such great confidence in the effective implementation of this law because it was repealed. We would have gotten to the same place if the court order had made it happen, but I think it would have engendered resistance. So I’m always looking for a way to get it done, if possible, through our elected representatives. That may not be possible in DOMA’s case. That's something that I think we have to strategize on over the next several months.

Unlike previous challenges, the new lawsuits were filed in districts covered by the appeals court in New York — one of the only circuits with no modern precedent saying how to evaluate claims that a law discriminates against gay people.

That means that the administration, for the first time, may be required to take a clear stand on politically explosive questions like whether gay men and lesbians have been unfairly stigmatized, are politically powerful, and can choose to change their sexual orientation.