FEC: Same-sex couples can't make joint political donations

The Federal Election Commission (FEC) ruled unanimously on Thursday that gay couples legally married under state law cannot give joint contributions to federal candidates.

The FEC commissioners said in their ruling that even if they found such a restriction discriminatory, the Defense of Marriage Act (DOMA) — which prohibits the federal government from recognizing same-sex marriages — effectively tied their hands.

"Sometimes the law's an ass," FEC chairwoman Ellen Weintraub said during the hearing, according to the Washington Post.

Dan Winslow, a Republican primary candidate in next week's Massachusetts special election to replace Secretary of State John Kerry in the U.S. Senate, had requested an advisory opinion from the body after two gay supporters, legally married in the state, attempted to have a joint donation attributed equally between the two of him. Straight married couples are allowed to do so.

Last month, the Supreme Court heard oral arguments challenging the constitutionality of DOMA. In oral arguments, Justice Anthony Kennedy — thought to be the swing vote on the Court — signaled he was skeptical of the law, questioning “whether the federal government has the authority to regulate marriage."

Commissioners sympathetic to the ability of same-sex couples suggested that lawyers bring the case back to the FEC after the Supreme Court rules.

"Come on back," said commissioner Steven Walther, according to the Post.

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