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JewishJournal.com

June 26, 2013

U.S. Supreme Court strikes down Defense Of Marriage Act in win for gays

http://www.jewishjournal.com/nation/article/u.s._supreme_court_strikes_down_defense_of_marriage_act_in_win_for_gays

Journalists stake out positions early in the morning to report on decisions expected in two cases regarding same-sex marriage at the U.S. Supreme Court in Washington on June 26. Photo by REUTERS/James Lawler Duggan

Journalists stake out positions early in the morning to report on decisions expected in two cases regarding same-sex marriage at the U.S. Supreme Court in Washington on June 26. Photo by REUTERS/James Lawler Duggan

The U.S. Supreme Court on Wednesday struck down a central portion of a federal law that restricted the definition of marriage to opposite-sex couples in a major victory for the gay rights movement.

The ruling, on a 5-4 vote, means that legally married gay men and women are entitled to claim the same federal benefits that are available to opposite-sex married couples.

The court was due to decide within minutes a second case concerning a California law that bans same-sex marriage in the state.

Justice Anthony Kennedy wrote in the majority opinion that the Defense of Marriage Act violates the U.S. Constitution's guarantee of equal protection.

"The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity," Kennedy wrote.

Kennedy, often the court's swing vote in close decisions, also said the law imposes "a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the states."

Chief Justice John Roberts and Justice Antonin Scalia both wrote dissenting opinions.

By striking down Section 3 of the law, the court clears the way to more than 1,100 federal benefits, rights and burdens linked to marriage status.

As a result of Wednesday's ruling, Edith Windsor of New York, who was married to a woman and sued the government to get the federal estate tax deduction available to heterosexuals when their spouses die, will be able to claim a $363,000 tax refund. 

Reporting by Lawrence Hurley; Editing by Howard Goller and Will Dunham

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