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US Supreme Court to rule on gay marriage cases | US Supreme Court to rule on gay marriage cases |
(35 minutes later) | |
The US Supreme Court has agreed for the first time to hear challenges to laws banning gay marriage in the US. | The US Supreme Court has agreed for the first time to hear challenges to laws banning gay marriage in the US. |
The court will hear challenges to the Defense of Marriage Act (Doma), which defines marriage as between a man and a woman. | The court will hear challenges to the Defense of Marriage Act (Doma), which defines marriage as between a man and a woman. |
It will also consider Proposition 8, a constitutional amendment in California that overturned a state law allowing gay weddings. | It will also consider Proposition 8, a constitutional amendment in California that overturned a state law allowing gay weddings. |
The court is likely to hear the cases in March next year. | The court is likely to hear the cases in March next year. |
A ruling could be issued in June. | A ruling could be issued in June. |
Both Proposition 8 and Doma have been previously struck down by lower courts. | |
The Supreme Court has the option of reversing the lower judgements - thus reinstating both laws - or upholding them, which could afford gay weddings legal status under the US Constitution. | |
However, the justices have also reserved the right to decide that they do not have jurisdiction to hear the cases. | |
'Unfair discrimination' | 'Unfair discrimination' |
Backers of the California case argue that voters in the state breached the US Constitution by passing Proposition 8. | |
They will argue that a state Supreme Court ruling allowing gay marriage to go ahead should stand. No gay weddings are currently allowed in California, pending the outcome of the Proposition 8 case. | They will argue that a state Supreme Court ruling allowing gay marriage to go ahead should stand. No gay weddings are currently allowed in California, pending the outcome of the Proposition 8 case. |
Doma, a federal law signed by former President Bill Clinton, has been overturned by four federal courts and two courts of appeal. They said Doma unfairly discriminated against same-sex couples. | Doma, a federal law signed by former President Bill Clinton, has been overturned by four federal courts and two courts of appeal. They said Doma unfairly discriminated against same-sex couples. |
It was most recently rejected by the 2nd Circuit Court of Appeals in New York, which ruled 2 to 1 on October that it violated the equal protection clause of the Constitution. | |
President Barack Obama, who backed gay marriage in May, also took the unusual step of announcing that his administration would not back Doma in court. | President Barack Obama, who backed gay marriage in May, also took the unusual step of announcing that his administration would not back Doma in court. |
Although the federal government no longer defends Doma, it is the New York case, first brought by a widow called Edith Windsor, that the Supreme Court will hear. | |
She was forced to pay more than $350,000 (£220,000) in taxes after the death of her wife because Section 3 of Doma defines "marriage" and "spouse" as only relating to unions of men and women. | |
The law is supported by Republicans in Congress, and lawyers acting for the House of Representatives leadership are defending the law instead of the US government. | |
The court was also asked to consider the merits of a challenge to part of a 2009 Arizona law granting marital benefits only to legally married state employees. Gay marriage is not legal in Arizona. | The court was also asked to consider the merits of a challenge to part of a 2009 Arizona law granting marital benefits only to legally married state employees. Gay marriage is not legal in Arizona. |
But the nine justices chose not to hear that case, instead opting for the two cases analysts say offer a chance of a broad ruling. | But the nine justices chose not to hear that case, instead opting for the two cases analysts say offer a chance of a broad ruling. |