Daily Updates

June 26, 2013

Supreme Court strikes federal marriage provision

WASHINGTON — In a major victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.

The justices issued two 5-4 rulings in their final session of the term. One decision wiped away part of a federal anti-gay marriage law that has kept legally married same-sex couples from receiving tax, health and pension benefits.

President Barack Obama praised the court’s ruling on the federal marriage act, which he said “was discrimination enshrined in law.”

“It treated loving, committed gay and lesbian couples as a separate and lesser class of people,” Obama said in a statement. “The Supreme Court has righted that wrong, and our country is better off for it.”

The other high court decision was a technical legal ruling that said nothing at all about same-sex marriage, but left in place a trial court’s declaration that California’s Proposition 8 is unconstitutional. That outcome probably will allow state officials to order the resumption of same-sex weddings in the nation’s most populous state in about a month.

Obama telephoned his congratulations to the plaintiffs in the California case from Air Force One en route to Africa.

In a sign that neither victory was complete, the high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. And a separate provision of the federal marriage law that allows a state to not recognize a same-sex union from elsewhere remains in place.

The ruling in that case was not along ideological lines. Chief Justice John Roberts wrote the majority opinion, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Antonin Scalia.

“We have no authority to decide this case on the merits, and neither did the 9th Circuit,” Roberts said, referring to the federal appeals court that also struck down Proposition 8.

In the case involving the federal Defense of Marriage Act, Justice Anthony Kennedy wrote the majority opinion, joined by the court’s liberal justices.

“Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways,” Kennedy said.

“DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal,” he said.

Some in the crowd outside the court hugged and others jumped up and down just after 10 a.m. EDT Wednesday when the DOMA decision was announced. Many people were on their cell phones monitoring Twitter, news sites and blogs for word of the decision. And there were cheers as runners came down the steps with the decision in hand and turned them over to reporters who quickly flipped through the decisions.

Chants of “Thank you” and “USA” came from the crowd as plaintiffs in the cases descended the court’s marbled steps. Most of those in the crowd appeared to support gay marriage, although there was at least one man who held a  sign promoting marriage as between a man and a woman.

Kennedy was joined in the DOMA decision by the court’s four liberal justices.

Chief Justice John Roberts, Justices Samuel Alito and Clarence Thomas, and Scalia dissented.

Same-sex marriage has been adopted by 12 states and the District of Columbia. Another 18,000 couples were married in California during a brief period when same-sex unions were legal there.

The outcome is clear for people who were married and live in states that allow same-sex marriage. They now are eligible for federal benefits.

The picture is more complicated for same-sex couples who traveled to another state to get married, or who have moved from a gay marriage state since being wed.

Their eligibility depends on the benefits they are seeking. For instance, immigration law focuses on where people were married, not where they live. But eligibility for Social Security survivor benefits basically depends on where a couple is living when a spouse dies.

The rulings came 10 years to the day after the court’s Lawrence v. Texas decision that struck down state bans on gay sex. In his dissent at the time, Scalia predicted the ruling would lead to same-sex marriage.

1
Text Only
Daily Updates
  • 10 Things to Know for Friday

    Your daily look at late-breaking news, upcoming events and the stories that will be talked about Friday.

    April 24, 2014

  • In Other News, April 24

    April 24, 2014

  • Afghan hospital guard kills 3 American doctors

    An Afghan government security guard opened fire Thursday on a group of foreign doctors at a Kabul hospital, killing three American physicians and wounding a U.S. nurse, officials said.

    April 24, 2014

  • Nevada rancher condemned for racist remarks

     A Nevada rancher who has become a conservative folk hero for resisting the federal government’s attempts to round up his cattle faced sharp criticism Thursday for racist comments published in a New York Times article.

    April 24, 2014

  • NRA seeks universal gun law at national meeting

    With concealed weapons now legal in all 50 states, the National Rifle Association’s focus at this week’s annual meeting is less about enacting additional state protections than on making sure the permits already issued still apply when the gun owners travel across the country.

    April 24, 2014

  • 10 Things to Know for Thursday

    Your daily look at late-breaking news, upcoming events and the stories that will be talked about Thursday.

    April 23, 2014

  • In Other News, April 23

    April 23, 2014

  • US weighs clemency for inmates jailed for 10 years

    The Justice Department is encouraging nonviolent federal inmates who have behaved in prison, have no significant criminal history and have already served more than 10 years behind bars to apply for clemency, officials announced Wednesday.

    April 23, 2014

  • High court tosses $3.4M award to child porn victim

    The Supreme Court on Wednesday rejected a plea to make it easier for victims of child pornography to collect money from people who view their images online, throwing out a nearly $3.4 million judgment in favor of a woman whose childhood rape has been widely seen on the Internet. Two dissenting justices said Congress should change the law to benefit victims.

    April 23, 2014

  • Airport security vulnerabilities not uncommon

    For all the tens of billions of dollars that the nation has spent on screening passengers and their bags, few airports made a comparable investment to secure the airplanes themselves.

    April 23, 2014