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Gay marriage: Supreme Court weighs Defense of Marriage Act Gay marriage: Supreme Court justices criticise Doma
(about 4 hours 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. A US law that defines marriage as between a man and a woman only has been sharply criticised by Supreme Court justices at a landmark hearing.
The Defense of Marriage Act (Doma) excludes gay couples from federal tax and other benefits. A judge considered the court's swing vote joined four liberal colleagues in questioning the constitutionality of the Defense of Marriage Act (Doma).
On Wednesday, the justices weighed whether the definition of marriage should be left to states - and whether they could hear the case at all. Legal analysts speculated the panel may strike down the law, which denies gay couples various federal benefits.
The day before, they heard arguments on California's gay marriage ban. A ruling on the case is expected by the end of June.
Rulings in both cases are expected before the end of June. At the same time, America's highest court is expected to issue a decision about California's gay marriage ban, which it debated a day earlier.
For nearly two hours on Wednesday, the nine justices grilled lawyers on the constitutionality of Doma, with five of them making skeptical remarks about the 1996 law.
'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. Doma denies married gay and lesbian couples the same federal rights, such as tax breaks and welfare benefits, granted to heterosexual couples.
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 Anthony Kennedy, seen as the swing vote between liberal and conservative justices on the court, said he was "troubled" by how the law appeared to intrude on states' authority to define marriage as they saw fit.
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.
Chief Justice John Roberts also questioned why Mr Obama did not have "the courage of his convictions" to stop enforcing 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 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. Justice Ruth Bader Ginsburg, a liberal, suggested the law created a two-tiered system of wedlock.
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. Her colleague, Elena Kagan, said Doma was "infected by animus, fear and dislike".
"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. Justice Sonia Sotomayor asked: "What gives the federal government the right to be concerned at all about what the definition of marriage is?"
Justice Elena Kagan also read from the House report on Doma, drawing audible reaction in the courtroom when she quoted that the reason for the law was "to express moral disapproval of homosexuality". 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.
Mr Clement argued that the court could not rule Doma unconstitutional on the basis of motives of some lawmakers, but whether there was "any rational basis for the statute". Chief Justice John Roberts questioned why Mr Obama did not have "the courage of his convictions" to stop enforcing 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. Signed by President Bill Clinton, Doma has already been ruled unconstitutional by several lower courts.
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 New Yorker Edith Windsor, 83, who was required to pay more than $350,000 (£220,000) of federal inheritance taxes after the 2009 death of her wife, Thea Spyer.
'Overwhelming' Outside the court on Wednesday, Ms Windsor said: "The justices were gentle, I didn't feel any hostility. I think it's going to be good."
The case against Doma was originally brought by New Yorker 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. On Tuesday the Supreme Court heard arguments in another gay marriage case, on the legality of a California constitutional amendment banning same-sex unions.
Under Doma, the federal government did not recognise their marriage - which took place 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.
"The justices were gentle, I didn't feel any hostility," she said. "I think it's going to be good."
n 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 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 the court 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. But legal analysts say the justices' comments on Tuesday did not seem to promise such 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, together with declarations in favour of it by political figures such as Hillary Clinton.