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June 27, 2013

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Supreme Court bolsters gay marriage movement

THE US Supreme Court yesterday handed a significant victory to gay rights advocates by ruling that married gay men and women are eligible for federal benefits and paving the way for same-sex marriage in California.

The court, however, fell short of a landmark ruling endorsing a fundamental right for gay people to marry.

The two cases, both decided on 5-4 votes, concerned the constitutionality of a key part of a federal law, the Defense of Marriage Act, that denied benefits to same-sex married couples and a California state law enacted in 2008, called Proposition 8, that banned gay marriage.

The court struck down a central part of DOMA and let stand a lower-court ruling throwing out California's voter-approved ban on gay marriage.

The Supreme Court rulings come amid rapid progress for advocates of gay marriage in recent months and years in the US and internationally. Opinion polls show a steady increase in US public support for gay marriage.

US President Barack Obama applauded the court's DOMA decision and directed US Attorney General Eric Holder to review all relevant federal laws to ensure the ruling is implemented.

"We are a people who declared that we are all created equal, and the love we commit to one another must be equal as well," Obama, the first sitting president to endorse gay marriage, said in a written statement.

Advocates celebrate

Obama said the ruling applies only to civil marriages and that how religious institutions define and consecrate marriages has always been up to those institutions.

Gay marriage is an issue that stirs cultural, religious and political passions in the United States as elsewhere. Gay marriage advocates celebrated outside the courthouse. An enormous cheer went up as word arrived that DOMA had been struck down. "DOMA is dead!" the crowd chanted, as couples hugged and cried.

"Our marriage has not been recognized until today," said Patricia Lambert, 59, who held her wife, Kathy Mulvey, 47. A South African, Lambert said she no longer would have to worry about being forced to leave the country if her work visa expired.

The court struck down the federal law as a violation of the US Constitution's guarantee of equal protection under the law but ducked a ruling on Proposition 8 by finding supporters of the law did not have standing to appeal a federal district court ruling that struck the law down.

While the ruling on DOMA was clearcut, questions remained about what exactly the Proposition 8 ruling will mean on the ground. There is likely to be more litigation over whether the district court ruling applies statewide.



 

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