Here's background from the New York Times:
The federal government will soon treat married same-sex couples the same as heterosexual couples when they file for bankruptcy, testify in court or visit family in prison.
Attorney General Eric H. Holder Jr. was preparing to issue policies aimed at eliminating the distinction between same-sex and opposite-sex married couples in the federal criminal justice system, according to a speech given at a Saturday event organized by a prominent gay-rights group.
“In every courthouse, in every proceeding and in every place where a member of the Department of Justice stands on behalf of the United States, they will strive to ensure that same-sex marriages receive the same privileges, protections and rights as opposite-sex marriages,” Mr. Holder’s said.
The changes were set in motion last year when the Supreme Court declared it unconstitutional to refuse federal benefits to married same-sex couples, a ruling that Mr. Holder supported.
Gay-rights advocates welcomed the changes but had hoped Mr. Holder would use his address before the Human Rights Campaign to announce that the president would sign an order prohibiting federal contractors from discriminating based on sexual orientation.
ScotusBlog provides more detail about the rationale behind the decision:
This effort, he told a dinner gathering of the Human Rights Campaign, a gay rights advocacy group, is intended “to give real meaning” to the Supreme Court’s decision last June in United States v. Windsor, striking down a part of the federal Defense of Marriage Act that denied federal marital benefits to legally married same-sex couples.
He did not spell out in full all of the measures his department will take, but did provide a few details on these initiatives:
** Each spouse in a same-sex marriage will gain the right in civil and criminal cases in court to decline to give testimony against the other spouse — the so-called “marital privilege” that is an exception to compelled testimony. That will apply even in states that would not extend the same right to same-sex couples under state law.
** In bankruptcy cases, same-sex couples will be allowed to file jointly for relief from their debts, some debts owed by one spouse or former spouse to another will not be nullified (“discharged,” in legal terms), and domestic support obligations — such as alimony owed to a former spouse — will have to be paid.
** Inmates in federal prisons who are married to a same-sex spouse will have equal rights and privileges, including visitation rights, inmate furloughs to be with a spouse during “a crisis,” a right of a spouse to be escorted to the funeral of an inmate spouse who dies, protection for letters and other communications between spouses, and early release of an inmate from a sentence or a reduction in sentence to allow the inmate to be with a spouse who has become incapacitated.
** If a benefits program is run by the Justice Department — for example, compensation for a spouse’s exposure to radiation and for the loss of a spouse during the terrorist attacks of September 11, 2001 — same-sex couples will become entitled to those benefits.
** If spouse is or was as a police officer, firefighter, or other public safety officer and is killed or gravely injured in the line of duty, the surviving spouse will receive death benefits if the spouse dies and will receive educational benefits.
It does not appear that any of those guarantees of rights or benefits would add to what married same-sex couples had won in the Supreme Court’s Windsor decision, because the part of that law struck down by the Court imposed a ban on equality for same-sex couples in every federal program or activity.
But the new moves by Holder, and similar equality initiatives that a spreading variety of federal agencies have already adopted, are designed to translate that sweeping Court victory into everyday reality.
