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US Supreme Court considers gay union cases US Supreme Court defers decision on gay union cases
(about 7 hours later)
The nine justices of the US Supreme Court are meeting to decide whether to consider cases on the constitutionality of same-sex marriage. The nine justices of the US Supreme Court have put off until next week a decision on whether to consider the constitutionality of same-sex marriage.
In a private meeting, the bench could choose to hear any of 10 petitions that have come before the top court. The US high court met to discuss cases to be heard, including a challenge to the federal Defense of Marriage Act (Doma) that outlaws gay marriage.
They would rule on any cases chosen on Friday by the end of June 2013. The 1996 law states that marriage can only be between a man and a woman.
In elections on 6 November, three states voted to legalise gay marriage and voters in Minnesota blocked a constitutional ban on same-sex unions. The high court would hear any cases chosen by the coming spring and make a ruling by the end of June 2013.
Correspondents say it is likely that the justices will decide to hear only some of the 10 petitions before them - but the cases could address several or all of the constitutional issues at stake. Thirty-one of the 50 US states have passed constitutional amendments banning gay marriage, while Washington DC and nine states have legalised it, three of them in the recent US elections.
Which cases they select would determine the scope of their ruling, they add.
Constitutional questions
All of the possible cases before the Supreme Court deal with three laws:All of the possible cases before the Supreme Court deal with three laws:
  • the 1996 Defense of Marriage Act (Doma), which prevents legally married gay couples from receiving federal marital benefits
  • Proposition 8, an amendment to California's state constitution that overturned an earlier law legalising gay marriage
  • "Section O" of a 2009 Arizona law that would give marital benefits only to state employees legally married in that state (gay marriage is not legal in Arizona).
  • Doma, which prevents legally married gay couples from receiving federal marital benefits
  • Proposition 8, an amendment to California's state constitution that overturned an earlier law legalising gay marriage
  • Part of a 2009 Arizona law granting marital benefits only to legally married state employees (gay marriage is not legal in Arizona).
Each of the laws has been struck down in rulings by lower courts.Each of the laws has been struck down in rulings by lower courts.
The biggest question before the court is whether the right to marry must be extended to same-sex couples because it is a fundamental right under the US constitution's guarantee of equal protection to all citizens.The biggest question before the court is whether the right to marry must be extended to same-sex couples because it is a fundamental right under the US constitution's guarantee of equal protection to all citizens.
The Supreme Court could announce the results of its meeting as early as Friday afternoon. Analysts expect the Supreme Court will agree to hear challenges to Doma.
It is likely that oral arguments for the chosen cases would be scheduled to take place in March 2013, with a ruling by the end of June. The federal law, signed by former President Bill Clinton, has been overturned by four federal courts and two courts of appeal, which said Doma unfairly discriminated against same-sex couples.
Analysts say it is most likely that the Supreme Court will agree to hear challenges to Doma. President Barack Obama, who backed gay marriage in May, also took the unusual step of announcing that his administration would not Doma in court.
The federal law, signed by former President Bill Clinton, has been overturned by four federal courts and two courts of appeal, which said the law unfairly discriminated against same-sex couples. But the law is supported by Republicans in Congress.
President Barack Obama also took the unusual step of announcing that its administration would not defend the law in court. But it is supported by Republicans in Congress. href="http://www.cbsnews.com/8301-250_162-57556481/poll-51-percent-support-same-sex-marriage/" >A CBS News poll on Friday found that 51% of Americans thought gay marriage should be legal, while four in 10 did not.
In May, Mr Obama said he supported the right for gay couples to marry.
His campaign endorsed efforts to legalise same-sex marriage in three states that faced ballot initiatives in the 6 November US election.
Same-sex marriage is legal in nine US states: Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington and the District of Columbia.
But 31 states have approved constitutional amendments to ban gay marriage.