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Wednesday, June 26, 2013

Supreme Court strikes down DOMA, dismisses Prop. 8 case - CBS News

Supreme Court strikes down DOMA, dismisses Prop. 8 case - CBS News:

Supreme Court strikes down DOMA, dismisses Prop. 8 case

Gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court at sun up in Washington, Wednesday, June 26, 2013. Justices are expected to hand down major rulings on two gay marriage cases that could impact same-sex couples across the country. One is a challenge to California's voter-enacted ban on same-sex marriage. The other is a challenge to a provision of federal law that prevents legally married gay couples from receiving a range of tax, health and pension benefits. (AP Photo/J. Scott Applewhite)
Gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court at sun up in Washington, Wednesday, June 26, 2013. Justices are expected to hand down major rulings on two gay marriage cases that could impact same-sex couples across the country. One is a challenge to California's voter-enacted ban on same-sex marriage. The other is a challenge to a provision of federal law that prevents legally married gay couples from receiving a range of tax, health and pension benefits. (AP Photo/J. Scott Applewhite) / AP
Updated at 10:30 a.m. ET
The gay rights movement saw a significant victory at the Supreme Court Monday, even as the court dodged the fundamental issue of whether marriage is a constitutionally-protected right for all couples, gay or straight.
In a 5-4 ruling in United States v. Windsor, the court struck down a provision of the 17-year-old Defense of Marriage Act (DOMA) that denies federal benefits -- like Social Security benefits or the ability to file joint tax returns -- to same-sex couples legally married.
"DOMA is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment," Justice Anthony Kennedy wrote for the majority. Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.
At the same time, the court ruled 5-4 that the defendants in the case ofHollingsworth v. Perry, which considered the constitutionality of California's same-sex marriage ban (called Proposition 8), have no standing in court.