The Times West Virginian

Headline News

June 27, 2013

Court gives gay marriage historic boost

WASHINGTON — In a historic day for gay rights, the Supreme Court gave the nation’s legally married gay couples equal federal footing with all other married Americans on Wednesday and also cleared the way for same-sex marriages to resume in California.

In deciding its first cases on the issue, the high court did not issue the sweeping declaration sought by gay rights advocates that would have allowed same-sex couples to marry anywhere in the country. But in two rulings, both by bare 5-4 majorities, the justices gave gay marriage supporters encouragement in confronting the nationwide patchwork of laws that outlaw such unions in roughly three dozen states.

Gay-rights supporters cheered and hugged outside the court. Opponents said they mourned the rulings and vowed to keep up their fight.

In the first of the narrow rulings in its final session of the term, the court wiped away part of a federal anti-gay marriage law, the Defense of Marriage Act, that has kept legally married same-sex couples from receiving tax, health and pension benefits that are otherwise available to married couples.

Justice Anthony Kennedy, joined by the four liberal justices, said the purpose of the law was to impose a disadvantage and “a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the states.”

President Barack Obama praised the court’s ruling against the federal marriage act, labeling the law “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.”

House Speaker John Boehner, R-Ohio, said he was disappointed in the outcome of the federal marriage case and hoped states continue to define marriage as the union of a man and a woman. Boehner, as speaker, had stepped in as the main defender of the law before the court after the Obama administration declined to defend it.

The other case, dealing with California’s constitutional ban on same-sex marriage, was resolved by an unusual lineup of justices in a technical legal fashion that said nothing about gay marriage. But the effect was to leave in place a trial court’s declaration that California’s Proposition 8 ban was unconstitutional. Gov. Jerry Brown quickly ordered that marriage licenses be issued to gay couples as soon as a federal appeals court lifts its hold on the lower court ruling. That will take least 25 days, the appeals court said.

California, where gay marriage was briefly legal in 2008, would be the 13th state, along with the District of Columbia, to allow same-sex couples to marry and would raise the share of the U.S. population in gay marriage states to 30 percent. Six states have adopted same-sex marriage in the past year, amid a rapid evolution in public opinion that now shows majority support for the right to marry in most polls.

The 12 other states are Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington.

The day’s rulings are 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 depend on where a couple is living when a spouse dies.

This confusing array of regulations is reflected more broadly in the disparate treatment of gay couples between states.  And the court’s decision did not touch on another part of the federal marriage law that says a state does not have to recognize a same-sex marriage performed elsewhere.

Indeed, the outcome of the cases had supporters of gay marriage already anticipating their next trip to the high court, which they reason will be needed to legalize same-sex unions in all 50 states.

The Human Rights Campaign’s president, Chad Griffin, said his goal is to legalize same-sex marriage nationwide within five years through a combination of ballot measures, court challenges and expansion of anti-discrimination laws.

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, Justice Antonin Scalia predicted the ruling would lead to same-sex marriage.

On Wednesday, Scalia issued another pungent dissent in the Defense of Marriage Act case in which he made a new prediction that the ruling would be used to upend state restrictions on marriage. Kennedy’s majority opinion insisted the decision was limited to legally married same-sex couples.

Scalia read aloud in a packed courtroom that included the two couples who sued for the right to marry in California. On the bench, Justice Elena Kagan, who voted to strike down DOMA, watched Scalia impassively as he read.

“It takes real cheek for today’s majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here—when what has preceded that assurance is a lecture on how superior the majority’s moral judgment in favor of same-sex marriage is to the Congress’ hateful moral judgment against it. I promise you this: The only thing that will ‘confine’ the court’s holding is its sense of what it can get away with,” Scalia said.

Scalia and Justice Samuel Alito, who also wrote a dissenting opinion, said their view is that Constitution does not require states to allow gay and lesbian couples to marry.

Outside the court, some in the crowd hugged and others jumped up and down just after 10 a.m. EDT when the DOMA decision was announced. Many people were on their cellphones 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 “U-S-A” 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.

In New York City’s Greenwich Village, the Stonewall Inn, where a riot in 1969 sparked the gay rights movement, erupted in cheers and whooping.

Mary Jo Kennedy, 58 was there with her wife Jo-Ann Shain, 60, and their daughter Aliya Shain, 25.

She came with a sign that could be flipped either way and was holding up the side that says “SCOTUS made our family legal”.

They have been together 31 years and got married the day it became legal in New York.

Others were not celebrating.

“We mourn for America’s future, but we are not without hope,” said Tim Wildmon, president of American Family Association, in a statement.

Said. Tony Perkins, president of the Family Research Council: “Time is not on the side of those seeking to create same-sex ‘marriage.’ As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly intensify.”

The federal marriage law had been struck down by several federal courts, and the justices chose to take up the case of 84-year-old Edith Windsor of New York, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 after doctors told them Spyer would not live much longer. Spyer had suffered from multiple sclerosis for many years. She left everything she had to Windsor.

Windsor arrived at a news conference in New York after the ruling to applause from her supporters and said she felt “joyous, just joyous.”

Windsor would have paid nothing in inheritance taxes if she had been married to a man. Now she is eligible for a refund.

In the case involving the federal Defense of Marriage Act, Justice Kennedy was joined by the court’s four liberal justices. In the California ruling, which was not along ideological lines, Chief Justice John Roberts’ opinion was joined by Scalia and three of those liberal court members: Kagan, Ruth Bader Ginsburg and Stephen Breyer.

1
Text Only
Headline News
  • Senate changes House bill for highway funds

    The Senate on Tuesday voted to change the funding and timing of a House bill to keep federal highway funds flowing to states in an effort to force Congress to come to grips with chronic funding problems that have plagued transportation programs in recent years.

    July 29, 2014

  • State close to national average in credit card debt

    Credit card debt may have reached its lowest level in a decade, but according to a recent study on personal debt vs. income, just as more people are paying off their credit card debt monthly, nearly the same number of people are being reported for unpaid bills.

    July 29, 2014

  • New VA secretary confirmed by Senate

    The Senate on Tuesday unanimously confirmed former Procter & Gamble CEO Robert McDonald as the new Veterans Affairs secretary, with a mission to overhaul an agency beleaguered by long veterans’ waits for health care and VA workers falsifying records to cover up delays.

    July 29, 2014

  • W.Va. man arrested after child found in hot car

    A Wheeling man faces charges that he left his 18-month-old daughter in a hot car while he was asleep on a couch.

    July 29, 2014

  • Board to meet on dangerous animals list

    CHARLESTON (AP) — A board tasked with compiling a list of animals that are illegal to keep as pets in West Virginia will consider one that’s shorter than a list suggested earlier.

    July 28, 2014

  • Clinton impeachment shadows GOP lawsuit against Obama

    The last time Republicans unleashed impeachment proceedings against a Democratic president, they lost five House seats in an election they seemed primed to win handily.

    July 28, 2014

  • Study: Fist bumps less germy than handshakes

    When it comes to preventing the spread of germs, maybe the president is on to something with his fondness for fist bumps.

    July 28, 2014

  • Obama Exporting Pollu_time.jpg ‘Not in my backyard’: U.S. sending dirty coal abroad

    As  the Obama administration weans the U.S. off dirty fuels blamed for global warming, energy companies have been sending more of America’s unwanted energy leftovers to other parts of the world where they could create even more pollution.
    This fossil fuel trade threatens to undermine President Barack Obama’s strategy for reducing the gases blamed for climate change and reveals a little-discussed side effect of countries acting alone on a global problem. The contribution of this exported pollution to global warming is not something the administration wants to measure, or even talk about.

    July 28, 2014 1 Photo

  • U.S.: Russia fired rockets into Ukraine

    Stepping up pressure on Moscow, the U.S. on Sunday released satellite images it says show that rockets have been fired from Russia into neighboring eastern Ukraine and that heavy artillery for separatists has crossed the border.
    The images, which came from the U.S. Director of National Intelligence and could not be independently verified by The Associated Press, show blast marks where rockets were launched and craters where they landed. Officials said the images show heavy weapons fired between July 21 and July 26 — after the July 17 downing of Malaysia Airlines Flight 17.

    July 28, 2014

  • Plan to simplify health renewals may backfire

    If you have health insurance on your job, you probably don’t give much thought to each year’s renewal. But make the same assumption in one of the new health law plans, and it could lead to costly surprises.
    Insurance exchange customers who opt for convenience by automatically renewing their coverage for 2015 are likely to receive dated and inaccurate financial aid amounts from the government, say industry officials, advocates and other experts.
    If those amounts are too low, consumers could get sticker shock over their new premiums. Too high, and they’ll owe the tax man later.

    July 28, 2014

House Ads
Featured Ads