Supreme Court decision sends this from 'Promise Broken' to 'In the Works'

Last month, gay rights advocates celebrated a major victory as the Supreme Court struck down a key provision of the Defense of Marriage Act, a 1996 law that defined federal marriage as a union between one man and one woman.

With the 5-4 decision, same-sex couples who are legally married in their state or in the District of Columbia now qualify for the myriad of federal tax, Social Security, immigration and other benefits heterosexual married couples already receive.

As we've previously reported, President Obama's administration chose not to defend DOMA against the challenge, leaving that task to House Republicans.

Obama's decision not to defend the law followed a number of executive actions Obama took during his first term to expand federal benefits for same-sex couples.

However, another significant part of DOMA still stands — Section 2 of the law creates an exemption to the Constitution's "full faith and credit clause” allowing states to not recognize same-sex marriages performed in other states. United States v. Windsor didn't address this point.

Federal judges in Ohio and Pennsylvania have already used the Windsor decision to order the state and a private employer respectively to recognize same-sex marriages performed elsewhere. But until Congress repeals Section 2 or the Supreme Court rules it unconstitutional, states can continue to deny spousal benefits to same-sex couples married elsewhere.

So although progress was made when the Supreme Court struck down Section 3 of the law last month, more steps must be taken if Obama wishes to uphold his promise for a "complete repeal” of DOMA. We rate this promise In the Works.