The Obama administration has now formally stated that government discrimination against gays and lesbians is unconstitutional under the equal protection principles of the Fifth and Fourteenth Amendments. I would be interested in hearing from any FECA claimants who are in a same-sex marriage but are not receiving the augmented compensation rate that a married person living with their spouse is entitled to receive. The following link contains the Department of Justice announcement.
http://www.justice.gov/opa/pr/2011/February/11-ag-222.html