Chief U.S. District Judge James Ware, in San Francisco, has ruled that the denial of insurance benefits to same-sex spouses is discriminatory.

More after the jump.

Well this certainly turns last week's DOMA cheer into a hangover.

In the first real-world test of the newfound unconstitutionality of the Defense of Marriage Act, the Justice Department has declared that last week's order from the Obama Administration is irrelevant and, despite the president's pledge to immediately suspend defense of the Act, will continue to defend it in court cases.

Regardless of the Obama Administration's orders to stop defending DOMA, on Monday, Chiefs from the DOJ demanded that Karen Golinski's plea to add her wife to her health benefits be denied because of the discriminatory law.

The Justice Department says it will only stop defending DOMA when Congress repeals the Act.