The Federal Election Commission could not figure out a way around DOMA and authorize by Advisory Opinion separate contributions by same sex couples, married or in civil unions, from shared assets. This was not for want of credible arguments, including ones advanced by my colleagues and me on behalf of the Democratic national party committees. But the Commissioners confronted what they took to be an impassable obstacle in the form of DOMA’s statutory command. One question fairly asked is how the FEC understands its authority to take constitutional issues into account in interpreting the law. The Commissioners did not believe that it was their legitimate function to weigh in on one side or the other of a case, which is not a campaign finance case, pending before the Supreme Court, or to take into account what they imagine the result will be. But what might the FEC have done with fresh, relevant constitutional adjudication in the very field of campaign finance? The agency would be expected to pay close attention to that.