USA: The U.S. Supreme Court hears arguments in the case of United States vs Windsor, which challenges Section 3 of the federal Defense of Marriage Act, and the second of two cases related to gay marriage which will be heard by the Court

Record ID: 277815

  • Title: USA: The U.S. Supreme Court hears arguments in the case of United States vs Windsor, which challenges Section 3 of the federal Defense of Marriage Act, and the second of two cases related to gay marriage which will be heard by the Court
  • Date: 27th March 2013
  • Summary: SUPREME COURT
  • Embargoed: 11th April 2013 13:00
  • Keywords:
  • Location: Usa
  • Country: USA
  • Topics: Politics
  • Reuters ID: LVA2EKGA4DYJ32GNAGXLTNB9S218
  • Story Text: For the second day running, the U.S. Supreme Court convened on Wednesday (March 27) to tackle the issue of gay marriage, this time to hear arguments over a U.S. law that denies federal benefits to legally married same-sex couples.
    Almost two hours of oral argument will be heard by the court on the Defense of Marriage Act (DOMA) which defines a marriage as between a man and a woman. The nine justices heard arguments on Tuesday (March 26) on the constitutionality of California's Proposition 8 ban on gay marriage.
    The DOMA case is about whether Edith Windsor, who was married to a woman, should get the federal estate tax deduction available to heterosexuals when their spouses pass away.
    Windsor's marriage to Thea Spyer was recognized under New York law, but not under DOMA. When Spyer died in 2009, Windsor was forced to pay federal estate tax because the federal government would not recognize her marriage. She later sued the government, seeking a $363,000 tax refund.
    Many demonstrators said they made the trip to Washington D.C. to lend their support to Windsor and to tell the Supreme Court that same-sex married couples deserved the same federal benefits as heterosexual couples. The roughly 133,000 gay couples nationwide, married in one of the nine states where it is legal, are not recognized as married by the federal government, Windsor's supporters say.

    "If you're a committed couple for 40-plus years and the state you live in even recognizes your marriage, the federal government should recognize and not cause these types of harms. That's only one example but there are more than 1100 federal rights, in addition to state rights, that we have that come from being able to marry," said Alan Eckert, a demonstrator from San Francisco, California
    "I love the person that I love and I shouldn't be denied the chance to marry her just like anyone else can," said Elizabeth McCollum, a demonstrator from Vermont.
    The cases come before the court as polls show growing support among Americans for gay marriage but division among the 50 states. Nine states recognize it; 30 states have constitutional amendments banning it and others are in-between.
    A ruling is expected by the end of June.

    "Public opinion is beginning to swing as more people live with us and learn that the fears that they had were unfounded just due to familiarity. I think the justices will find eventually in their hearts and in their minds to follow the lead of the society that they advise," said Lisa Fricke, a pro-gay marriage demonstrator from Vermont.
    A small group of anti-gay marriage demonstrators hoped the Supreme Court would uphold the DOMA law on gay marriage.

    "Traditional marriage matters. To use the Supreme Court language, it is the institution that is necessary to the survival of society and we don't want to see it weakened," said John Eastman, chairman of the National Organization for Marriage, an anti-gay organization.

    "I believe the law of the land should be upheld if it is the law of the land. I don't believe that our administration should have the opportunity to decide not to enforce it because we all obey the law of the land and right now DOMA is the law of the land and I pray that the Supreme Court will make the right decision," said Hugh McWhorter, a demonstrator from Alabama who spent some time praying on the steps of the Supreme Court."
    DOMA permits benefits such as Social Security survivor payments and federal tax deductions only for married, opposite-sex couples, not for legally married same-sex couples.
    President Bill Clinton signed DOMA into law in 1996 after it passed Congress with only 81 of 535 lawmakers opposing it. Clinton, a Democrat, earlier this month said that times have changed since then and called for the law to be overturned.
    LGBTI
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