Supreme Court rulings give gay marriage big boost

Updated: 2013-06-27 08:13

(Agencies)

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Supreme Court rulings give gay marriage big boost

Edith "Edie" Windsor (C) speaks at a news conference following the US Supreme Court 5-4 ruling striking down as unconstitutional the Defense of Marriage Act, in New York June 26, 2013. The Court ruled in favor of Windsor who sued the federal government for failing to recognize her marriage to her partner Thea Spyer after Spyer's death. At right is Windsor's lawyer Roberta Kaplan, at left is lawyer James Esseks and at back center is Donna Lieberman of the New York Civil Liberties Union (NYCLU).[Photo/Agencies]

FEDERAL BENEFITS

By striking down Section 3 of DOMA, the court cleared the way for legally married couples to claim more than 1,100 federal benefits, rights and burdens linked to marriage status.

Kennedy wrote for the majority that the federal law, as passed by Congress, violated the US Constitution's guarantee of equal protection. "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity," Kennedy wrote.

The law imposed "a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the states," he said.

Roberts and Justice Antonin Scalia both wrote dissenting opinions in the DOMA case.

Roberts went out of his way to state that the court was not making any big pronouncements about gay marriage. The court, he said, did not have before it the question of whether states "may continue to utilize the traditional definition of marriage."

Scalia accused the majority of ignoring procedural obstacles about whether the court should have heard the case in order to reach its desired result.

"This is jaw-dropping," he said of Kennedy's analysis.

As a result of the DOMA ruling, Edith Windsor of New York, who was married to a woman and sued the government to get the federal estate tax deduction available to heterosexuals when their spouses die, will be able to claim a $363,000 tax refund.

The ruling was a win also for more than 200 businesses, including Goldman Sachs Group, Microsoft Corp and Google Inc, that signed on to a brief urging the court to strike down DOMA. Thomson Reuters Corp, owner of the Reuters news agency, was another signatory.

"Today's decisions help define who we are as a people, whether or not we are part of the group directly affected," said Lloyd Blankfein, Goldman's chief executive.

CHANGING LANDSCAPE

Numerous public figures including former President Bill Clinton, who in 1996 signed the DOMA law, and prominent groups including the American Academy of Pediatrics have come out this year in support of same-sex marriage and gay civil rights.

Individual members of Congress - Democrats and Republicans - also voiced new support for gay marriage this year.

Even with recent developments, there is still significant opposition among Republicans, including House of Representatives Speaker John Boehner, who had ordered the House to intervene in the DOMA case in defense of the law. Boehner said in a statement he was "obviously disappointed in the ruling" and predicted that a "robust national debate over marriage" would continue.

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