Supreme Court Strikes Federal Marriage Provision - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Supreme Court Strikes Federal Marriage Provision

Posted: Updated:
(Photo: CBS) (Photo: CBS)

WASHINGTON (AP)- In a major victory 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.
 
President Barack Obama praised the court's ruling on the federal marriage act, which he said "was discrimination enshrined in law."
 
"It treated loving, committed gay and lesbian couples as a separate and lesser class of people," Obama said in a statement. "The Supreme Court has righted that wrong, and our country is better off for it."
 
The other high court decision 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.
 
Obama telephoned his congratulations to the plaintiffs in the California case from Air Force One en route to Africa.
 
In a sign that neither victory was complete, the high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. And a separate provision of the federal marriage law that allows a state to not recognize a same-sex union from elsewhere remains in place.
 
The ruling in that case was not along ideological lines. Chief Justice John Roberts wrote the majority opinion, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Antonin Scalia.
 
"We have no authority to decide this case on the merits, and neither did the 9th Circuit," Roberts said, referring to the federal appeals court that also struck down Proposition 8.
 
In the case involving the federal Defense of Marriage Act, Justice Anthony Kennedy wrote the majority opinion, joined by the court's liberal justices.
 
"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.
 
Some in the crowd outside the court hugged and others jumped up and down just after 10 a.m. EDT Wednesday when the DOMA decision was announced. Many people were on their cell phones monitoring Twitter, news sites and blogs for word of the decision. And there were cheers as runners came down the steps with the decision in hand and turned them over to reporters who quickly flipped through the decisions.
 
Chants of "Thank you" and "USA" came from the crowd as plaintiffs in the cases descended the court's marbled steps. Most of those in the crowd appeared to support gay marriage, although there was at least one man who held a  sign promoting marriage as between a man and a woman.
 
Kennedy was joined in the DOMA decision by the court's four liberal justices.
 
Chief Justice John Roberts, Justices Samuel Alito and Clarence Thomas, and Scalia dissented.
 
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 outcome is clear for people who were married and live in states that allow same-sex marriage. They now are eligible for federal benefits.
 
The picture is more complicated for same-sex couples who traveled to another state to get married, or who have moved from a gay marriage state since being wed.
 
Their eligibility depends on the benefits they are seeking. For instance, immigration law focuses on where people were married, not where they live. But eligibility for Social Security survivor benefits basically depends on where a couple is living when a spouse dies.
 
The rulings came 10 years to the day after the court's Lawrence v. Texas decision that struck down state bans on gay sex. In his dissent at the time, Scalia predicted the ruling would lead to same-sex marriage.
 

  • Delmarvawide NewsDelmarvawide NewsMore>>

  • Chincoteague Oldest Saltwater Cowboy Dies at 78

    Chincoteague Oldest Saltwter Cowboy Dies at 78

    11/18/2017 19:22:00 -05:002017-11-19 00:22:00 GMT
    Saturday, November 18 2017 10:25 PM EST2017-11-19 03:25:46 GMT
    Wesley Bloxom was Delmarva's famous Saltwater Cowboy. He was a father, a brother, Chincoteague volunteer firefighter. His younger brother, Paul Bloxom, explains how much he meant. Bloxom died earlier this week after battling cancer.More
    Wesley Bloxom was Delmarva's famous Saltwater Cowboy. He was a father, a brother, Chincoteague volunteer firefighter. His younger brother, Paul Bloxom, explains how much he meant. Bloxom died earlier this week after battling cancer.More
  • Deadly Hit and Run Collision Prompts Investigation

    Deadly Hit and Run Collision Prompts Investigation

    11/18/2017 21:59:00 -05:002017-11-19 02:59:00 GMT
    Saturday, November 18 2017 9:59 PM EST2017-11-19 02:59:14 GMT
    ELLENDALE, Del. - Police are investigating a deadly hit and run crash involving a pedestrian Thursday night.More
    ELLENDALE, Del. - Police are investigating a deadly hit and run crash involving a pedestrian Thursday night.More
  • Rehoboth Beach Raises Rental Tax

    Rehoboth Beach Raises Rental Tax

    11/18/2017 16:21:00 -05:002017-11-18 21:21:00 GMT
    Saturday, November 18 2017 4:21 PM EST2017-11-18 21:21:59 GMT
    Rehoboth Beach, DelawareRehoboth Beach, Delaware
    Rehoboth Beach De. (AP) - A popular Delaware beach town has voted to double its tax on residential rentals.The City of Rehoboth Beach announced Saturday that its commissioners approved an increase on the rental tax from 3 to 6 percent.The tax applieMore
    Rehoboth Beach De. (AP) - A popular Delaware beach town has voted to double its tax on residential rentals.The City of Rehoboth Beach announced Saturday that its commissioners approved an increase on the rental tax from 3 to 6 percent.The tax applieMore
  • Most Popular StoriesMost Popular StoriesMore>>

  • Deadly Hit and Run Collision Prompts Investigation

    Deadly Hit and Run Collision Prompts Investigation

    11/18/2017 21:59:00 -05:002017-11-19 02:59:00 GMT
    Saturday, November 18 2017 9:59 PM EST2017-11-19 02:59:14 GMT
    ELLENDALE, Del. - Police are investigating a deadly hit and run crash involving a pedestrian Thursday night.More
    ELLENDALE, Del. - Police are investigating a deadly hit and run crash involving a pedestrian Thursday night.More
  • Chincoteague Oldest Saltwater Cowboy Dies at 78

    Chincoteague Oldest Saltwter Cowboy Dies at 78

    11/18/2017 19:22:00 -05:002017-11-19 00:22:00 GMT
    Saturday, November 18 2017 10:25 PM EST2017-11-19 03:25:46 GMT
    Wesley Bloxom was Delmarva's famous Saltwater Cowboy. He was a father, a brother, Chincoteague volunteer firefighter. His younger brother, Paul Bloxom, explains how much he meant. Bloxom died earlier this week after battling cancer.More
    Wesley Bloxom was Delmarva's famous Saltwater Cowboy. He was a father, a brother, Chincoteague volunteer firefighter. His younger brother, Paul Bloxom, explains how much he meant. Bloxom died earlier this week after battling cancer.More
  • Parkside High School Teacher Back Behind Bars

    Parkside High School Teacher Back Behind Bars

    11/17/2017 17:29:00 -05:002017-11-17 22:29:00 GMT
    Friday, November 17 2017 5:29 PM EST2017-11-17 22:29:39 GMT
    Monica W. SneeMonica W. Snee
    The Wicomico County Sheriff's Office says the Parkside High School teacher arrested earlier this week in connection to a drug investigation is back behind bars.More
    The Wicomico County Sheriff's Office says the Parkside High School teacher arrested earlier this week in connection to a drug investigation is back behind bars.More
  • Most Popular VideosMost Popular VideosMore>>

  • Chincoteague's Oldest Saltwater Cowboy Dies at 78

    Chincoteague's Oldest Saltwater Cowboy Dies at 78

    Many today mourned the loss of the oldest Chincoteague Saltwater Cowboy. Wesley Bloxom was best known for his passion and involvement in the Chincoteague Pony Swim, one of Delmarva's biggest events. Today, his life was celebrated. Caroline Coles reports.

    More

    Many today mourned the loss of the oldest Chincoteague Saltwater Cowboy. Wesley Bloxom was best known for his passion and involvement in the Chincoteague Pony Swim, one of Delmarva's biggest events. Today, his life was celebrated. Caroline Coles reports.

    More
  • State Police Investigating Serious Crash in Ellendale

    State Police Investigating Serious Crash in Ellendale

    Delaware State Police are investigating a serious crash Friday between a car and a pick-up truck at the intersection of Hummingbird Road and Holly Tree Road in Ellendale.

    More

    Delaware State Police are investigating a serious crash Friday between a car and a pick-up truck at the intersection of Hummingbird Road and Holly Tree Road in Ellendale.

    More
  • Parkside High School Teacher Back Behind Bars

    Parkside High School Teacher Back Behind Bars

    The Wicomico County Sheriff's Office says the Parkside High School teacher arrested earlier this week in connection to a drug investigation is back behind bars. Monica Snee, 51, of Salisbury was released from prison after posting $50,000 bond. A district court judge revoked the bond and issued a bench warrant today. As a result, deputies located and arrested Snee in the area of Westbrook Drive in Salisbury.

    More

    The Wicomico County Sheriff's Office says the Parkside High School teacher arrested earlier this week in connection to a drug investigation is back behind bars. Monica Snee, 51, of Salisbury was released from prison after posting $50,000 bond. A district court judge revoked the bond and issued a bench warrant today. As a result, deputies located and arrested Snee in the area of Westbrook Drive in Salisbury.

    More
Powered by Frankly

All content © Copyright 2000 - 2017 WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices