This is an interesting, and confusing, order by the Ninth Circuit.
Margaret Fonberg is a former clerk for the United States District Court for the District of Oregon. In 2009, she filed for benefits for her same-sex domestic partner. The couple has a civil union under Oregon law, which provides the same benefits of marriage, without the same title, thanks to a state constitutional provision defining marriage as between one man and one woman. Her request was denied, as benefits were only available for those who were legally married.
She filed an Employment Dispute Resolution (EDR) claim with the Office of Personnel Management (OPM), alleging sex discrimination, and in 2011, a district court agreed with her, and ordered back pay to compensate for the wrongly-denied benefits. Oddly enough, two years later, the same judge rescinded the order "[b]ecause no legal method for reimbursement is currently available ... [and] the law affords Fonberg no remedy in this matter." Basically, the court ruled that there was a wrong, but no remedy.
In 2012, long after Fonberg filed her claim, the District of Oregon added sexual orientation to the list of protected groups.