The Justice Department has decided to appeal a judge's ruling that parts of the Defense of Marriage Act are unconstitutional, even though President Obama remains opposed to DOMA.

A federal judge ruled in July that the portion of DOMA that bars same-sex spouses of federal employees from receiving retirement and health benefits is unconstitutional because it impedes state's rights. The Obama administration is appealing that decision.

A Department of Justice spokesperson said the Department is defending DOMA because it must defend acts of Congress.

"As a policy matter, the president has made clear that he believes DOMA is discriminatory and should be repealed," DOJ spokeswoman Tracy Schmaler said. "The Department of Justice has a long-standing practice of defending federal statutes when they are challenged in court, including by appealing adverse decisions of lower courts."

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