Earlier this month, the judge for the largest Bankruptcy Court in the nation, found that Section 3 of the 1996 Defense of Marriage Act, which bars Federal recognition of same-sex unions even where legal, was unconstitutional. That ruling came in response to a case in which a U.S. Trustee intervened in a case where a same-sex couple legally married in 2008 jointly filed for a Chapter 13 Bankruptcy.

According to sources, the United States Trustee for the state of California-the agent responsible for representing the United States and the Department of Justice in Bankruptcy court-is now appealing that ruling.

The Trustee had originally said that the bankruptcy filing should be thrown out and the couple should file separately. The Judge, however, allowed the couple to file for the bankruptcy jointly, gaining the support of 19 of the 23 other judges at the court while he was at it.

The Trustee's decision to appeal the ruling came as surprising, given the Obama administration's stance on the Defense of Marriage Act. In February, Attorney General Eric Holder issues a memo concerning two lawsuits challenging the act, in which he said that the Obama administration considered Section 3 of the act unconstitutional and would no longer defend it. Since that time, Speaker of the House John Boehner has taken steps to defend Section 3.

The Trustee defends the decision to appeal the ruling by noting that the President has instructed Executive Department and agencies to continue compliance with Section 3 of the Defense of Marriage Act unless Congress repeals it or there is a ruling from the Judicial Branch.

Source: Washington Blade, "DOJ To File Appeal Of Bankruptcy Court's DOMA Ruling," Phil Reese, 29 June 2011.