High Court Allows California Gay Marriage, Voids U.S. Law

June 26 (Bloomberg) -- Attorney David Boies talks about the U.S. Supreme Court's ruling to overturn the federal law that defines marriage as a heterosexual union. In its decision the court said the law violated the rights of married gay couples by denying them government benefits. Boies speaks with Erik Schatzker and Sara Eisen on Bloomberg Television's "Market Makers." (Source: Bloomberg)

A divided U.S. Supreme Court gave a landmark victory to the gay-rights movement, striking down a federal law that denies benefits to same-sex married couples and clearing the way for weddings to resume in California.

The court stopped short of declaring a constitutional right for gays to marry, or even ruling directly on California’s voter-approved ban, as the justices considered the issue for the first time. California Governor Jerry Brown said counties will begin issuing same-sex marriage licenses as soon as an appeals court implements today’s ruling.

The decisions sustain the momentum that has grown behind same-sex marriage over the past decade. With a 5-4 procedural ruling in the California case, the court reinstated a judge’s order allowing gay marriages there. By striking down the core of the U.S. Defense of Marriage Act by a different 5-4 majority, the court rejected many of the justifications for treating same-sex and heterosexual couples differently.

Graphic: Supreme Court Strikes Down Federal Marriage Law

That law “places same-sex couples in an unstable position of being in a second-tier marriage,” Justice Anthony Kennedy wrote for the court in the federal marriage case. “The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, and whose relationship the state has sought to dignify.”

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Elana Kessler, left, and Hannah Greenberg, right, on the steps of the Supreme Court while learning of favorable rulings issued by the court on same sex marriage cases June 26, 2013 in Washington, DC. Close

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Elana Kessler, left, and Hannah Greenberg, right, on the steps of the Supreme Court while learning of favorable rulings issued by the court on same sex marriage cases June 26, 2013 in Washington, DC.

The historic cases reached the justices as the gay marriage movement was achieving unprecedented success. Twelve states and the District of Columbia have legalized same-sex marriage, six of them in the last year.

Unprecedented Success

“After years of struggle, the U.S. Supreme Court today has made same-sex marriage a reality in California,” Brown said in a statement. It will take about a month before the marriages can begin in California, according to San Francisco City Attorney Dennis Herrera’s office.

“It’s been a long road, many years, but gosh, it feels good to have love triumph over ignorance, to have equality triumph over discrimination,” San Francisco Mayor Ed Lee told a cheering crowd at City Hall.

The Supreme Court “made clear today that you have a right to marry, that there is no basis for discrimination,” David Boies, one of the lawyers representing the challengers to California’s Proposition 8, said outside the high court.

The Supreme Court said the sponsors of Proposition 8, the 2008 ballot initiative that banned gay marriage, lacked legal standing to appeal the trial judge’s order. California state officials had refused to defend the measure.

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Same-sex couple Mark Guzman, right, and Scott Coatsworth, left, embrace during a rally in support of marriage equality in San Francisco. Close

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Same-sex couple Mark Guzman, right, and Scott Coatsworth, left, embrace during a rally in support of marriage equality in San Francisco.

Unusual Split

“The debate over marriage has only just begun,” Austin R. Nimocks, a lawyer for a group that supported Proposition 8 in the case, said in a statement. “Marriage -- the union of husband and wife -- will remain timeless, universal and special, particularly because children need mothers and fathers.”

The justices split along unusual lines in the California case, with Chief Justice John Roberts and Justices Antonin Scalia, Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan in the majority. Justices Kennedy, Clarence Thomas, Samuel Alito and Sonia Sotomayor said the court should have ruled on the constitutionality of the ban.

Hundreds of demonstrators, many carrying pro-gay-marriage signs and rainbow colored flags, crowded onto the steps of the Supreme Court, where members of the media camped out for three days to await the final rulings of the court’s term. Supporters crowded around the two California couples challenging the ban, chanting “thank you” and “we love you.” Tourists on buses and on foot slowed to take pictures of the scene.

Courtroom Reaction

When Kennedy announced the outcome in the Defense of Marriage Act case, one audience member squealed and several cried, wiping their eyes with tissues. Kennedy said the ruling was “confined to those lawful marriages” sanctioned by states.

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Opponents of Proposition 8, California's anti-gay marriage bill, demonstrate outside of the Ninth U.S. Circuit Court of Appeals, on February 7, 2012 in San Francisco. Close

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Opponents of Proposition 8, California's anti-gay marriage bill, demonstrate outside of the Ninth U.S. Circuit Court of Appeals, on February 7, 2012 in San Francisco.

The Defense of Marriage Act case divided the court along familiar lines. Joining Kennedy in the majority were Ginsburg, Breyer, Sotomayor and Kagan. Dissenting were Roberts, Scalia, Thomas and Alito.

Scalia, in a dissenting opinion joined by Thomas, said Congress can constitutionally draw distinctions between heterosexual and same-sex marriage.

“The Constitution neither requires nor forbids our society to approve of same-sex marriage, much as it neither requires nor forbids us to approve of no-fault divorce, polygamy or the consumption of alcohol,” Scalia wrote.

Tax Returns

Without a uniform federal definition of marriage, he questioned what would happen to couples who marry in one state and move to another state that doesn’t recognize gay marriages.

“When the couple files their next federal tax return, may it be a joint one?” Scalia wrote.

President Barack Obama applauded the court for striking down the Defense of Marriage Act as a “victory for couples who have long fought for equal treatment under the law.” Obama’s statement was issued from Air Force One as he flew to Africa for a week-long visit.

Obama congratulated by telephone the four people who challenged the California ban. “Paul invited him to our wedding; he said OK,” Jeff Zarrillo of Burbank told reporters outside the Supreme Court, referring to his partner Paul Katami.

Companies including Apple Inc. and Morgan Stanley (MS) urged the Supreme Court to back gay-marriage rights. “Apple strongly supports marriage equality and we consider it a civil rights issue,” said company spokeswoman Kristin Huguet. “We applaud the Supreme Court for its decisions today.”

18,000 Licenses

More than 18,000 same-sex couples got marriage licenses in California in the five months between a state Supreme Court ruling that gay marriages were legal and the 2008 passage of Proposition 8, the ballot initiative that effectively overturned that decision.

Support for gay marriage has soared in the U.S. in recent years. A Bloomberg National Poll released this month found that 52 percent of adults supported legalization, with 41 percent opposed. The poll had a margin of error of plus or minus 3.1 percentage points.

In challenging Proposition 8, former Republican U.S. Solicitor General Theodore Olson joined forces with Boies, his opponent from the Bush v. Gore case, which resolved the 2000 presidential election deadlock. The pair, representing two same-sex couples, set out to win a Supreme Court ruling establishing gay marriage as a constitutional right.

Narrower Ruling

At the appeals court level, they instead won a narrower ruling with limited applicability beyond California’s borders. The San Francisco-based 9th U.S. Circuit Court of Appeals said Proposition 8 violated the constitutional guarantee of equal protection by stripping same-sex couples of a right they once had -- and that heterosexual couples would continue to possess.

Californians now back gay marriage by double-digit numbers, with 56 percent supporting it and 38 percent opposed, according to a poll released last month by the nonpartisan Public Policy Institute of California. That survey had a margin of error of plus or minus 3.8 percentage points.

California officials until now enforced Proposition 8, refusing to issue same-sex marriage licenses even while opposing the ballot initiative in court.

Obama’s lawyers joined a New York widow, Edie Windsor, in urging the court to strike down the 1996 Defense of Marriage Act, known as DOMA. Under the law, gay spouses couldn’t claim the federal benefits available to other married couples, including the rights to file a joint tax return and receive Social Security survivor benefits.

Boehner ‘Disappointed’

Congressional Republicans led by House Speaker John Boehner defended DOMA. They contended it promoted traditional marriage and, by extension, made it more likely that children will grow up in a nurturing environment.

Boehner said in a statement he was “disappointed” by the ruling. “A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman,” he said.

Windsor was fighting a $363,000 federal estate tax bill, imposed after the 2009 death of her same-sex spouse, saying that she wouldn’t have to pay if she were married to someone of the opposite sex. Windsor and Thea Clara Spyer were married in Canada in 2007.

Windsor, 84, said at a news conference in New York that she was “overjoyed” and that the ruling will let gay people get married “with the same benefits, protection and dignity as everyone else.” Spyer “would be so pleased,” she said.

Companies’ Opinions

Almost 300 employers urged the court to strike down DOMA, arguing that the law costs businesses by forcing them to set up parallel benefits systems for gay and heterosexual married employees. The group included Goldman Sachs Group Inc., Citigroup Inc., Amazon.com Inc. and Pfizer Inc.

In addition to New York, same-sex marriage is legal in Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, Rhode Island, Vermont and Washington, as well as the District of Columbia.

DOMA was approved 342-67 in the House of Representatives and 85-14 in the Senate before President Bill Clinton signed the measure into law. Clinton now opposes DOMA.

The cases are Hollingsworth v. Perry, 12-144, and United States v. Windsor, 12-307.

To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net

To contact the editor responsible for this story: Steven Komarow at skomarow1@bloomberg.net

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