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Breaking: Supreme Court strikes down DOMA, clears way for gay marriage in Calif. without ruling

June 26th, 2013 9:38 am by Associated Press

Breaking: Supreme Court strikes down DOMA, clears way for gay marriage in Calif. without ruling

AP photo

WASHINGTON — The Supreme Court ruled Wednesday that legally married same-sex couples should get the same federal benefits as heterosexual couples. The court also cleared the way for such unions in California but avoided an overall ruling on gay marriage.

The Supreme Court cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban.

The court's 5-4 vote Wednesday leaves in place the initial trial court declaration that the ban is unconstitutional. California officials probably will rely on that ruling to allow the resumption of same-sex unions in about a month's time.

The high court itself said nothing about the validity of gay marriage bans in California and roughly three dozen other states.

The outcome 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.

Four justices, Anthony Kennedy, Samuel Alito, Clarence Thomas and Sonia Sotomayor, said the court should have decided the constitutional question that was before it.

The court also 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.

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.

"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.

Roberts, Alito, Scalia and 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."

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Related: 

High court gay marriage decisions due this morning

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