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UK Wedding News

26/03/2013

US Supreme Court To Decide On Gay Marriage

The US Supreme Court is to consider two landmark cases on gay marriage this week.

In a report from Yahoo, the court will hear arguments relating to California's 2008 ban on gay marriage.

The Defense of Marriage Act, which prevents the federal government recognising gay marriages even in states where they are legal, will also be discussed.

On Tuesday, the justices will weigh on the California case, with the Defense of Marriage Act being reviewed on Wednesday.

The first case, known as Proposition 8, concerns California's ban on same-sex marriages which was initially approved by state voters in a November 2008 referendum. In 2010, a federal court ruled against Proposition 8, saying the state had not demonstrated a good reason for infringing on what the judge saw as a fundamental right for all couples to marry. Supporters of the ban appealed against that ruling, but the court of appeals also said the amendment was unconstitutional.

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It was following this, that anti-gay marriage activists petitioned the Supreme Court to review the case. They are calling for the question of whether marriage should be defined as a union between a man and a woman to be left to individual US states.

The Obama administration is not taking part in the case, but has filed what is called a "friend of the court" briefing, asking the Supreme Court to strike down the anti-gay marriage amendment.

With the Defense of Marriage Act (Doma), which legally defines marriage as between a man and a woman, the court will consider whether the federal law unfairly discriminates against same-sex couples.

Under the law, same-sex couples are not eligible for federal benefits and tax breaks claimed by heterosexual couples. Doma was first signed by former president Bill Clinton in 1996. It has since been overturned by four federal courts and two courts of appeal.

There are currently nine US states as well as the District of Columbia which permit same-sex marriage. Eight other states allow civil unions or domestic partnerships with virtually all state marriage benefits, but do not allow couples to marry.

The court is expected to hand down its ruling by the end of June.

(JP)

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"The US Supreme Court is to consider two landmark cases on gay marriage this week."