Local News

Wednesday, Jun 26 2013 07:10 AM

Supreme Court strikes down DOMA as unconstitutional

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    By AP Photo/J. Scott Applewhite

    Arriving at the Supreme Court in Washington, Wednesday, June 26, 2013, on a final day for decisions in two gay marriage cases are plaintiffs in the California Proposition 8 case. From left are, Adam Umhoefer, executive director of the American Foundation for Equal Rights, plaintiffs Paul Katami, his partner Jeff Zarrillo, Sandy Stier and her partner Kris Perry, and Chad Griffin, president of the Human Rights Campaign.

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    By Pete Marovich/ZUMA

    Mchael Knappen, left, and his husband John Becker embrace outside the Supreme Court after hearing that the Court struck down the Defense of Marriage Act. The Supreme Court issued a pair of opinions expanding gay rights, ruling unconstitutional a law denying federal benefits to married same-sex couples and effectively permitting gay marriage in California.

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    By Pete Marovich/ZUMA

    Julio Diaz, 28, right, of Chicago, Ill., runs down the steps of the Supreme Court in celebration after the Court ruled 5-4 to strike down the Defense of Marriage Act, Wednesday, June 26, 2013, in Washington, D.C.

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    By Pete Marovich/ZUMA

    Davis Baker, 24, center, of Phoenix, Ariz., celebrates outside the Supreme Court. The US Supreme Court has struck down a law that defines marriage as between a man and a woman only, in a landmark ruling. The court's 5-4 vote said the Defense of Marriage Act, known as Doma, denied equal protection to same-sex couples. The court also declined to rule on a California ban on same-sex marriage known as Proposition 8. The decision paves the way for gay unions there.

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    By Pete Marovich/ZUMA

    Supporters of same sex marriage celebrate outside the Supreme Court after hearing that the Court struck down the Defense of Marriage Act. The US Supreme Court has struck down a law that defines marriage as between a man and a woman only, in a landmark ruling. The court's 5-4 vote said the Defense of Marriage Act, known as Doma, denied equal protection to same-sex couples. The court also declined to rule on a California ban on same-sex marriage known as Proposition 8. The decision paves the way for gay unions there.

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BY MARK SHERMAN THE ASSOCIATED PRESS

WASHINGTON — In a historic 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.

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Statement by President Obama on DOMA

I applaud the Supreme Court's decision to strike down the Defense of Marriage Act. This was discrimination enshrined in law. It treated loving, committed gay and lesbian couples as a separate and lesser class of people. The Supreme Court has righted that wrong, and our country is better off for it. We are a people who declared that we are all created equal -- and the love we commit to one another must be equal as well.

This ruling is a victory for couples who have long fought for equal treatment under the law; for children whose parents' marriages will now be recognized, rightly, as legitimate; for families that, at long last, will get the respect and protection they deserve; and for friends and supporters who have wanted nothing more than to see their loved ones treated fairly and have worked hard to persuade their nation to change for the better.

So we welcome today's decision, and I've directed the Attorney General to work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.

On an issue as sensitive as this, knowing that Americans hold a wide range of views based on deeply held beliefs, maintaining our nation's commitment to religious freedom is also vital. How religious institutions define and consecrate marriage has always been up to those institutions. Nothing about this decision -- which applies only to civil marriages -- changes that.

The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.

-- The White House

The other was a technical 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. Gov. Jerry Brown quickly ordered that marriage licenses be issued to gay couples as soon as a federal appeals court lifts its hold on the lower court ruling, possibly next month.

In neither case did the court make a sweeping statement, either in favor of or against same-sex marriage. And in a sign that neither victory was complete for gay rights, the high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. A separate provision of the federal marriage law that allows a state to not recognize a same-sex union from elsewhere remains in place.

President Barack Obama praised the court’s ruling on the federal marriage act, which he labeled "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."

House Speaker John Boehner, R-Ohio, said he was disappointed in the outcome of the federal marriage case and hoped states continue to define marriage as the union of a man and a woman.

The ruling in the California 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.

Massachusetts was the first state to allow gay couples to marry, in 2004. When same-sex unions resume in California, there will be 13 states representing 30 percent of the U.S. population where gay marriage is legal.
The other 11 are Connecticut, Delaware, Iowa, Maine, Maryland, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington.

Outside the court, gay marriage proponents celebrated both wins.

May the marriages begin," said the Human Rights Campaign’s Chad Griffin, who helped spearhead the lawsuit challenging Proposition 8. The two same-sex couples who sued for the right to marry also were at the court Wednesday.

In New York City’s Greenwich Village, the Stonewall Inn, where a riot in 1969 sparked the gay rights movement, erupted in cheers and whooping.

Mary Jo Kennedy, 58 was there with her wife Jo-Ann Shain, 60, and their daughter Aliya Shain, 25.

She came with a sign that could be flipped either way and was holding up the side that says "SCOTUS made our family legal".

They have been together 31 years and got married day it became legal in New York.

The broadest possible ruling would have given gay Americans the same constitutional right to marry as heterosexuals. The justices said nothing on that topic in either case.

The decisions Wednesday have no effect on the roughly three dozen states that do not allow same-sex marriage, including 29 that have enshrined the bans in their constitutions.

The federal marriage law, known by its acronym DOMA, had been struck down by several federal courts.

The justices chose for their review the case of 84-year-old Edith Windsor of New York, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.

Windsor would have paid nothing in inheritance taxes if she had been married to a man. And now she is eligible for a refund.

— Associated Press writers Connie Cass, Jessica Gresko and Bethan McKernan contributed to this report. McKernan reported from New York.

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