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Gay marriage: Supreme Court hears Defense of Marriage Act case Gay marriage: Supreme Court weighs Defense of Marriage Act
(about 1 hour later)
The US Supreme Court is considering whether to strike down a law denying federal benefits to same-sex couples, a day after weighing a gay marriage ban. The US Supreme Court has heard arguments on the constitutionality of a federal law that defines marriage as between a man and a woman only.
The Defence of Marriage Act denies gay couples access to federal benefits under its definition of marriage as a union between a man and a woman only. The 1996 Defense of Marriage Act (Doma) excludes gay couples from more than 1,000 federal tax and other benefits.
On Tuesday California's Proposition 8, which bans gay marriage, was scrutinised by the nine justices. On Wednesday, justices weighed whether the definition of marriage should be left to states - and whether they should hear the case at all.
The day before they heard arguments on California's gay marriage ban.
Rulings in both cases are expected before the end of June.Rulings in both cases are expected before the end of June.
'Skim-milk marriage'
In two hours of argument on Wednesday, the panel of nine justices asked tough questions of the lawyers, weighing first whether it was appropriate for the Supreme Court to hear the case.
The question has arisen because the Obama administration refused to defend Doma in court, having deemed it unconstitutional. Instead, a group of House Republicans hired a lawyer to argue in favour of the law.
Later, Justice Anthony Kennedy, who is seen as the swing vote between liberal and conservative justices on the court, said the law appeared to intrude on states' authority to define marriage as they see fit.
"The question is whether or not the federal government under a federalism system has the authority to regulate marriage," he said.
Meanwhile, other justices seemed to challenge what one described as a two-tier system of marriages.
Justice Ruth Bader Ginsburg, a liberal, said federal recognition of marriage was very important to any legally married person.
"There are two kinds of marriage: full marriage and the skim-milk marriage," she said.
The Defense of Marriage Act (Doma), signed by President Bill Clinton in 1996, has already been overturned by several lower courts, which have found it violates the US Constitution's guarantee of equal protection under the law.The Defense of Marriage Act (Doma), signed by President Bill Clinton in 1996, has already been overturned by several lower courts, which have found it violates the US Constitution's guarantee of equal protection under the law.
'Never done before'
Outside the Supreme Court the mood was more subdued than on Tuesday, when hundreds of activists on both sides of the debate turned out, dancing, chanting and waving flags.
At the start of Wednesday's hearing, the Supreme Court justices explored whether it was even appropriate for them to review the case.
Several justices appeared concerned that Doma was not being defended in court by the US Department of Justice, which would normally handle the case but has refused to defend Doma.
Instead, lawyers representing Republican leaders in the House of Representatives are arguing the case.
Chief Justice John Roberts said that for the government to agree with a lower court that Doma is unconstitutional but ask the Supreme Court to review it while nevertheless enforcing the law "has never been done before".
Other justices said the move called into question the government's willingness to defend other laws passed by Congress.
Justice Anthony Kennedy said: "It's very troubling."
The case against Doma was originally brought by Edith Windsor, 83, who was required to pay more than $350,000 (£220,000) of inheritance taxes to the federal government after the death of her wife, Thea Spyer, in 2009.The case against Doma was originally brought by Edith Windsor, 83, who was required to pay more than $350,000 (£220,000) of inheritance taxes to the federal government after the death of her wife, Thea Spyer, in 2009.
Under Doma, their marriage was not recognised, but married heterosexual couples would have been exempt from the tax.Under Doma, their marriage was not recognised, but married heterosexual couples would have been exempt from the tax.
Correspondents say the court's decision on Doma could have wider implications for other laws relating to gay marriage. Same-sex marriage ban reviewed
On Tuesday the Supreme Court heard arguments in another gay marriage case, on the legality of a California constitutional amendment banning same-sex unions.On Tuesday the Supreme Court heard arguments in another gay marriage case, on the legality of a California constitutional amendment banning same-sex unions.
Proposition 8 was approved by California voters in a referendum in November 2008, but the state government declined to defend it in federal courts. Proposition 8 was approved by California voters in a referendum in November 2008.
'Uncharted waters'
Supporters of gay marriage are hoping for a broad decision from the court that could erase bans on same-sex unions nationwide.Supporters of gay marriage are hoping for a broad decision from the court that could erase bans on same-sex unions nationwide.
However, legal analysts say the justices' comments during Tuesday's hearing did not seem to indicate that they were leaning in favour of a sweeping ruling.However, legal analysts say the justices' comments during Tuesday's hearing did not seem to indicate that they were leaning in favour of a sweeping ruling.
Justice Sonia Sotomayor, a liberal, questioned whether the issue should be allowed to take its course for the time being on a state-by-state level.
Justice Anthony Kennedy, the closely watched swing vote, compared the court's possible journey in the case to going into "uncharted waters" or even over "a cliff".
And Justice Samuel Alito, a conservative, questioned whether the time was right for judicial intervention on the issue of same-sex marriage, given that he said it was newer than mobile phones or the internet.
Outside the court, hundreds of protesters gathered to express support for and opposition to gay marriage.
Currently, nine US states and Washington DC permit same-sex marriage. Twelve other states allow civil unions or domestic partnerships that provide varying degrees of state marriage benefits.Currently, nine US states and Washington DC permit same-sex marriage. Twelve other states allow civil unions or domestic partnerships that provide varying degrees of state marriage benefits.
Recent opinion polls have shown a steady rise in support for same-sex marriage in the US. There has been a flurry of recent declarations by high-profile political figures, such as Hillary Clinton, in support of gay marriage.Recent opinion polls have shown a steady rise in support for same-sex marriage in the US. There has been a flurry of recent declarations by high-profile political figures, such as Hillary Clinton, in support of gay marriage.