As I’ve written before, the federal government has taken swift action to ensure that same-sex couples are being treated equally under federal law, post United States v. Windsor. Prior to the decision, only opposite-sex couples were recognized by the federal government as legally married. Since then, federal agencies have been ensuring that same-sex couples are recognized as married by federal law, and are able to enjoy the same federal benefits that opposite sex couples enjoy.

Now, the United States Justice Department has taken another courageous step in eliminating discrimination based on sexual orientation. Attorney General Eric Holder has issued a memo stating that the Justice Department is “committed to using every tool and legal authority available to combat discrimination and safeguard the rights for all Americans.” The memo details the current DOJ practices regarding same-sex couples, and outlines new extensions that will further “treat all individuals as equal, regardless of sexual orientation.”

The new rules concretely establishes same sex couples as equal under federal law. I had commented before on uncertainties regarding whether or not same sex couples would receive all federal benefits, or if it would depend on the state they were married in. With this announcement, same sex couples are now protected by the all legal provisions guaranteed to opposite sex couples.

Same sex couples will be allowed spousal prison visitation, will receive all federal marriage benefits, and will not be forced to testify against their same sex spouse. Same-sex couples who had been affected by the 9/11 terrorist attacks will be able to apply for the 9/11 Victim Compensation Fund.  Equal protection will be guaranteed in “every courthouse, in every proceeding, and in every place where a member of the Department of Justice stans on behalf of the United States,” says Attorney General Eric Holder.

In addition, same-sex couples will now clearly be able to apply for federal bankruptcy across the United States, including jurisdictions that still do not recognize same-sex marriages. Prior to this announcement, if a same-sex couple married in New York moved to Florida and filed for joint federal bankruptcy, it’s possible they could have been denied.

The announcement answers part of the question I had raised in my previous post, whether same-sex couples would “still be legally recognized as a married couple in a new state of residence, and have all of the rights of a legally married couple?” The United States Justice Department has ensured that it will be, at least on the federal level.  On the state level, legally married same-sex couples living in states that don’t allow such marriages  will still not have the same rights as opposite-sex married couples.

While this is an important decision in the fight for marriage equality, there is still a lot more work needed to be done. Currently, only seventeen states allow same sex marriages in their borders. Of the remaining thirty three states, thirty one outright ban same sex marriage with 29 states embedding the ban in their state constitution.   No doubt, the Supreme Court, in the near future will need to decide on the constitutionality of these state bans.

Although the Obama administration has made remarkable strides, there are still immediate actions available that the federal government has hesitated taking. For example, President Obama has yet to sign an executive order that would prohibit federal contractors from discriminating based on sexual orientation in the workplace. The executive order would be a bold statement supporting the rights of all American citizens. It would let every American know that the United States government will fight for every the freedom and equality of every individual. 

UPDATE: Thanks to a Supreme Court ruling, same sex marriage is now legal throughout the U.S.