Another judge has ruled the federal law defining marriage as between one man and woman is unconstitutional.
Manhattan Judge Barbara Jones said the Defense of Marriage Act interferes with states' rights to regulate the institution.
"Such a sweeping federal review in this arena does not square with our federalist system of government," Jones wrote.
The case began in 2010 when Edith Windsor sued the U.S. government to recover $353,053 in federal estate tax after she was barred from claiming it from Thea Spyer, who died in 2009. The two were married in Canada in 2007 but the marriage was not legally recognized in the United States.
DOMA is the 1996 federal law that defines marriage as between one man and woman. Judge Jones is the fifth judge to find the law unconstitutional.
Last week, a U.S. Court of Appeals in Boston concluded DOMA discriminates against gay couples.