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Gay marriage: Supreme Court weighs Defense of Marriage Act Gay marriage: Supreme Court weighs Defense of Marriage Act
(35 minutes later)
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 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 Defense of Marriage Act (Doma) excludes gay couples from federal tax and other benefits.The Defense of Marriage Act (Doma) excludes gay couples from federal tax and other benefits.
On Wednesday, the justices weighed whether the definition of marriage should be left to states - and whether they could hear the case at all.On Wednesday, the justices weighed whether the definition of marriage should be left to states - and whether they could hear the case at all.
The day before, they heard arguments on California's gay marriage ban.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''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.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.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.
Justice Antonin Scalia called it a "new world" in which the government could say a law was unconstitutional but still enforce it, as the Obama administration has continued to do with Doma.Justice Antonin Scalia called it a "new world" in which the government could say a law was unconstitutional but still enforce it, as the Obama administration has continued to do with Doma.
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 saw fit.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 saw fit.
"The question is whether or not the federal government under a federalism system has the authority to regulate marriage," he said."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-tiered system of marriages.Meanwhile, other justices seemed to challenge what one described as a two-tiered system of marriages.
Justice Ruth Bader Ginsburg, a liberal, said federal recognition of marriage was very important to any legally married person.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."There are two kinds of marriage: full marriage and the skim-milk marriage," she said.
The lawyer defending Doma argued that rather than discriminate against gay couples, Doma allowed the government to stay out of state-level experiments with same-sex marriage.The lawyer defending Doma argued that rather than discriminate against gay couples, Doma allowed the government to stay out of state-level experiments with same-sex marriage.
"What Congress says is, wait a minute. Let's take a timeout here. This is a redefinition of an age-old institution. Let's take a more cautious approach where every sovereign gets to do this for themselves," Paul Clement said."What Congress says is, wait a minute. Let's take a timeout here. This is a redefinition of an age-old institution. Let's take a more cautious approach where every sovereign gets to do this for themselves," Paul Clement said.
Signed by President Bill Clinton in 1996, Doma has already been overturned by several lower courts, which have found it violates the US Constitution's guarantee of equal protection under the law. Signed by President Bill Clinton in 1996, Doma has already been ruled unconstitutional by several lower courts, which have found it violates the US Constitution's guarantee of equal protection under the law.
The federal definition of marriage in Doma applies to more than 1,000 other federal laws that mention marriage. The federal definition of marriage in Doma applies to more than 1,000 federal laws that mention marriage.
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, the federal government did not recognise their marriage - which they undertook in Canada - but married heterosexual couples would have been exempt from the tax. Under Doma, the federal government did not recognise their marriage - which they undertook in Canada - though married heterosexual couples would have been exempt from the tax.
Outside the court after the hearing on Wednesday, Ms Windsor said it was "overwhelming" to hear her case argued in the Supreme Court.Outside the court after the hearing on Wednesday, Ms Windsor said it was "overwhelming" to hear her case argued in the Supreme Court.
"The justices were gentle, I didn't feel any hostility," she said. "I think it's going to be good.""The justices were gentle, I didn't feel any hostility," she said. "I think it's going to be good."
Same-sex marriage ban reviewedSame-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 marriages.On Tuesday the Supreme Court heard arguments in another gay marriage case, on the legality of a California constitutional amendment banning same-sex marriages.
Proposition 8 was approved by California voters in a referendum in November 2008. Proposition 8 was approved by California voters in a referendum in 2008.
Supporters of gay marriage are hoping for a broad decision from the court that could erase bans on same-sex marriages nationwide.Supporters of gay marriage are hoping for a broad decision from the court that could erase bans on same-sex marriages nationwide.
However, legal analysts say the justices' comments during Tuesday's hearing seemed to indicate they were reluctant to issue a sweeping ruling.However, legal analysts say the justices' comments during Tuesday's hearing seemed to indicate they were reluctant to issue a sweeping ruling.
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.