Same-sex marriage hearings continue, Supreme Court weighs arguments on Defense of Marriage Act (DOMA)
The Supreme Court on Wednesday concluded two hours of arguments about the Defense of Marriage Act (DOMA), a 1996 law that denies married same-sex couples access to federal benefits, reported Reuters. It is expected in June that the Court will release its decision. On Tuesday, the court heard arguments for and against California’s gay marriage ban Proposition 8.
- Plaintiff Edith Windsor (3rd R, with pink scarf) looks on as her attorney Roberta Kaplan (C) talks to reporters outside after arguments in her case against the Defense of Marriage Act at the U.S. Supreme Court in Washington, March 27, 2013. (Jonathan Ernst/Reuters)
- Plaintiff Edie Windso (R), an 83-year-old lesbian widow, gestures at same-sex marriage supporters as she leaves the Supreme Court on March 27, 2013 in Washington, DC, after the US v. Windsor case hearing challenging the constitutionality of Section 3 of the Defense of Marriage Act (DOMA). (Jewel Samad/AFP/Getty Images)
- Plaintiff Edith Windsor holds her notes before talking to reporters outside after arguments in her case against the Defense of Marriage Act at the U.S. Supreme Court in Washington, March 27, 2013. (Jonathan Ernst/Reuters)
- Protestors rally against the Defense of Marriage Act in front of the U.S. Supreme Court in Washington, March 27, 2013. (Jonathan Ernst/Reuters)
- Attorney Paul Clement (R) argues in front of U.S. Supreme Court Chief Justice John Roberts (L) and Associate Justice Anthony Kennedy about the constitutionality of the Defense of Marriage Act (DOMA) in Washington, in this courtroom drawing released on March 27, 2013. Justices on Wednesday indicated interest in striking down the law that denies federal benefits to legally married same-sex couples. (Art Lien/Handout via Reuters)
- Attorney Roberta Kaplan argues on behalf of Edith Windsor in front of U.S. Supreme Court justices about the constitutionality of the Defense of Marriage Act (DOMA) in Washington, in this courtroom drawing released on March 27, 2013. (Art Lien/Handout via Reuters)
- Principal Deputy Solicitor General Sri Srinivasan (R) argues in front of the U.S. Supreme Court, including Associate Justice Elena Kagan (L), about the constitutionality of the Defense of Marriage Act (DOMA) in Washington, in this courtroom drawing released on March 27, 2013. (Art Lien/Handout via Reuters)
- Demonstrators gather in front of the U.S. Supreme Court on Wednesday, March 27, 2013, as the court hers argments on a part of the 1996 Defense of Marriage Act that prevents legally wed same-sex couples from receiving certain benefits by defining marriage as between a man and woman. (Olivier Douliery/Abaca Press/MCT)
- Demonstrators gather in front of the U.S. Supreme Court on Wednesday, March 27, 2013, as the court hers argments on a part of the 1996 Defense of Marriage Act that prevents legally wed same-sex couples from receiving certain benefits by defining marriage as between a man and woman. (Olivier Douliery/Abaca Press/MCT)
- Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- A supporter of gay marriage holds a sign in front of the Supreme Court in Washington March 27, 2013. For the second day running, the Supreme Court convened on Wednesday to tackle the issue of gay marriage, this time to hear arguments over a U.S. law that denies federal benefits to legally married same-sex couples. (Joshua Roberts/Reuters)
- Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- A sign depicting Associate Justice Anthony Kennedy is hoisted during a rally outside the Supreme Court during oral arguments in a case challenging the Defense of Marriage Act (DOMA) March 27, 2013 in Washington, DC. (Chip Somodevilla/Getty Images)
- A supporter (C) of traditional marriage rallies in front of the Supreme Court in Washington March 27, 2013. (Joshua Roberts/Reuters)
- Diana Iwanski of Clermont, Florida, holds a sign to protest against the Defense of Marriage Act (DOMA) in front of the U.S. Supreme Court in Washington, March 27, 2013. (Jonathan Ernst/Reuters)
- Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (Jewel Samad/AFP/Getty Images)
- Same-sex marriage supporters rally in front of the U.S. Supreme Court, on March 27, 2013 in Washington, DC. (Mark Wilson/Getty Images)
- Same-sex marriage supporters rally in front of the U.S. Supreme Court, on March 27, 2013 in Washington, DC. (Mark Wilson/Getty Images)
- Marcos Garcia holds a flag in front of the U.S. Supreme Court on March 27, 2013 in Washington, DC. Today the high court is scheduled to hear arguments on whether Congress can withhold federal benefits from legally wed gay couples by defining marriage as only between a man and a woman. (Mark Wilson/Getty Images)
- Heather Davidson and Julie Berger (C), both of Shelbyville, Indiana, hold up a pride flag while standing in line with hundreds of others outside the Supreme Court for a chance to hear oral arguments March 27, 2013 in Washington, DC. (Chip Somodevilla/Getty Images)
- A man gives a “thumbs down” in front of anti-gay protesters at the U.S. Supreme Court on March 27, 2013 in Washington, DC. (Karen Bleier/AFP/Getty Images)
- People carry banners and flags during a rally in front of the U.S. Supreme Court, on March 27, 2013 in Washington, DC. (Mark Wilson/Getty Images)
- A same-sex couple kiss in front of the US Supreme Court on March 27, 2013 in Washington, DC. The Supreme Court will consider the 1996 federal Defense of Marriage Act (DOMA), which limits the definition of marriage to opposite-sex couples. (Karen Bleier/AFP/Getty Images)
- Two same sex couples kiss in front of Westboro Baptist Church protesters, at the U.S. Supreme Court, on March 27, 2013 in Washington, DC. (Mark Wilson/Getty Images)
Supreme Court indicates may strike down marriage law
Lawrence Hurley and David Ingram | Reuters
12:52 p.m. EDT, March 27, 2013
WASHINGTON (Reuters) – Supreme Court justices on Wednesday indicated interest in striking down a law that denies federal benefits to legally married same-sex couples.
Justice Anthony Kennedy, a potential swing vote, warned of the “risks” that the Defense of Marriage Act (DOMA) infringes upon the traditional role of the states in defining marriage.
The 1996 U.S. law denies married same-sex couples access to federal benefits.
Several justices raised concerns about the law, indicating there could be a narrow majority to strike it down.
Justice Ruth Bader Ginsburg stressed how important federal recognition is to any person who is legally married.
“It affects every area of life,” she said.
The law is the focus of a second day of oral arguments before the high court as it tackles the gay marriage issue.
Conservatives also criticized the decision by President Barack Obama to abandon the legal defense of DOMA and called into question his willingness to defend other laws passed by Congress and challenged in court, several conservative justices said.
“It’s very troubling,” Kennedy said.
While the criticisms may not affect how the justices eventually rule on whether the 1996 law violates U.S. equal protection rights, it showed frustration with how Obama has walked a difficult political line on gay marriage.
Obama and his attorney general, Eric Holder, said in February 2011 they would cease defending the law because they believed it to be invalid under the U.S. Constitution.
In the place of the U.S. Justice Department, Republican lawmakers have stepped in to argue for the law.
Chief Justice John Roberts pressed government lawyer Sri Srinivasan on how the government will now decide which laws to defend. “What is your test?” Roberts asked.
Srinivasan said he could not give the justices a “black or white” test. On the marriage law, the final decision rested with Obama, not with an official at a lower level, he said.
(Reporting by Lawrence Hurley, David Ingram and Joseph Ax; Editing by Kevin Drawbaugh and Eric Beech)
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