Federal marriage law struck down

Gay rights activist Bryce Romero, who works for the Human Rights Campaign, offers an enthusiastic high-five to visitors getting in line to enter the Supreme Court on a day when justices are expected to hand down major rulings on two gay marriage cases tha

Share on Facebook

Save

The Supreme Court ruled today 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.

Additional Coverage

Local opinions will be posted on the Capital Region Scene blog

Same-sex marriage advocates celebrate the decision.

Prop 8 was also struck down, as the Supreme Court let a lower court ruling stand.

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.”

The law was passed in 1996 by broad majorities in the House of Representatives and the Senate, and signed into law by Democratic President Bill Clinton. Since then, many lawmakers who voted for the law and Clinton have renounced their support.

When the ruling was announced, downstate Democratic Assemblyman Daniel O’Donnell, an openly gay politician, tweeted, “I AM A FULL AMERICAN!!! Supreme Court struck down #DOMA!!”