WASHINGTON (AP) - The Supreme Court ruled Wednesday that legally married same-sex couples should get the same federal benefits as heterosexual couples.
The court invalidated a provision of the federal Defense of Marriage Act that has prevented married gay couples from receiving a range of tax, health and retirement benefits that are generally available to married people. The vote was 5-4.
Justice Anthony Kennedy wrote the majority opinion.
Same-sex marriage has been adopted by 12 states and the District of Columbia. Another 18,000 couples were married in California during a brief period when same-sex unions were legal there.
The court has yet to release its decision on California's ban on same-sex marriage.
"Under DOMA, same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways," Kennedy said.
"DOMA's principal effect is to identify a subset of state-sanctioned marriages and make them unequal," he said.
He was joined by the court's four liberal justices.
Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented.
Scalia read his dissent aloud. Scalia said the court should not have decided the case.
But, given that it did, he said, "we have no power under the Constitution to invalidate this democratically adopted legislation."
WASHINGTON (AP) - In significant but incomplete victories for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.
The justices issued two 5-4 rulings in their final session of the term. One decision wiped away part of a federal anti-gay marriage law that has kept legally married same-sex couples from receiving tax, health and pension benefits.
The other was a technical legal ruling that said nothing at all about same-sex marriage, but left in place a trial court's declaration that California's Proposition 8 is unconstitutional. That outcome probably will allow state officials to order the resumption of same-sex weddings in the nation's most populous state in about a month.Answer Question
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