Article by Melanie Nathan – Cross postings – March 27, 2013.

PHOTOS by Melanie Nathan and Cathy Kristofferson, Oblogdee©

GetEQUAL show NOM why we are there...
GetEQUAL show NOM why we are there…

A majority of the Supreme Court on Wednesday questioned the constitutionality of the 1996 Defense of Marriage Act and whether it created unequal classes of married couples by denying federal benefits to legally wed same-sex couples.

Justice Anthony M. Kennedy, thought likely to be the deciding vote as the court held its second day of hearings on same-sex marriage, told the advocate defending the law that it did not really promote “uniformity” in federal law.


After weeks and months of public debate and speculation about the legal fate of same-sex marriage, the second round of arguments takes place at the U.S. Supreme Court on Wednesday.

After hearing a challenge on Tuesday to California’s ban on same-sex marriage, the justices move Wednesday to the 1996 Defense of Marriage Act, known as DOMA. The law bars federal recognition and benefits for same-sex couples married in any of the states — and there are nine currently — where such unions are legal.

There are more than 1,000 federal laws that confer benefits of one sort or another on married couples — everything from tax savings to Social Security benefits, but DOMA excludes those benefits for legally married same-sex couples.

The test case involves a couple from New York, Edith Windsor and Thea Spyer, who had been together for 42 years prior to their marriage in 2007. When Spyer died, however, the federal government, acting under DOMA, required Windsor to pay $363,000 in estate taxes that she would not have owed if her spouse had been of the opposite sex. READ MORE.

Argument recap: DOMA is in trouble (FINAL UPDATE)

Final update: 2:19 pm – Analysis- SCOTUS BLOG

If the Supreme Court can find its way through a dense procedural thicket, and confront the constitutionality of the federal law that defined marriage as limited to a man and a woman, that law may be gone, after a seventeen-year existence.  That was the overriding impression after just under two hours of argument Wednesday on the fate of the Defense of Marriage Act.

That would happen, it appeared, primarily because Justice Anthony M. Kennedy seemed persuaded that the federal law intruded too deeply into the power of the states to regulate marriage, and that the federal definition cannot prevail.   The only barrier to such a ruling, it appeared, was the chance – an outside one, though — that the Court majority might conclude that there is no live case before it at this point.

After a sometimes bewilderingly complex first hour, discussing the Court’s power to decide the case of United States v. Windsor (12-307), the Court moved on to explore DOMA’s constitutionality.  And one of the most talented lawyers appearing these days before the Court — Washington attorney Paul D. Clement — faced fervent opposition to his defense of DOMA from enough members of the Court to make the difference.  He was there on behalf of the Republican leaders of the House (as majority members of the House’s Bipartisan Legal Advisory Group), defending the law because the Obama administration has stopped doing so.  READ MORE

Comments on Swirl:-

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It was Edie Windsor's DAY , Plaintiff in SCOTUS DOMA CASE leaves the Court flanked by lawyers
It was Edie Windsor’s DAY , Plaintiff in SCOTUS DOMA CASE leaves the Court flanked by lawyers Photo by Cathy Kristofferson
Ex gay DOMA
Arriving at SCOTUS to a sea of signs
South African Gay Flag at SCOTUS with Captial in background
U.S. Military LGBT heroes – Evelyn Thomas and Ian Finkenbinder discharged under DADT and chained themselves to the White House fence before repeal – with GFSA
Did we say a media fest?
C.D. Kirven from Texas describing herself as a street activist – a hero for equality – blew it out of the park!
Great speech warmed the already riled crowd C.D. Kirven
Crowds and Press at speech rally on steps of SCOTUS – I spot Rea Carey from LGBT Task Force
Rev. Yearwood spoke to freedom and equality in very moving speech
Spot the activists and bloggers – Tiff Fernandez and John Becker in the house
Plaintiff Edie Windsor leaves the U.S. Supreme Court to thousands chanting “Edie Edie”
thousands chanting “Edie Edie” wait for Edie Windsor to leave the U.S. Supreme Court after arguments in DOMA case
The Lawyers leaving SCOTUS with Edie Windsor
GAY U.S.A. the Movie – filmmaker Kristina Lapinski with Kevin Minter and Jacob Stroman
Robin McGehee of Get equal – “I am Somebody – What do we want – Equality When? Now!”
It was Edie Windsor’s DAY , Plaintiff in SCOTUS DOMA CASE leaves the Court flanked by lawyers

2013-03-27_11-46-01_655 2013-03-27_11-51-46_575 2013-03-27_12-58-22_247 2013-03-27_12-58-28_749 2013-03-27_12-58-30_766 2013-03-27_12-58-33_228 2013-03-27_12-58-54_497 2013-03-27_12-59-07_773 2013-03-27_12-59-09_640 2013-03-27_12-59-31_76

California’s John Lewis and Stuart Gafney outside SCOTUS as woman kneels and prays
as does Equality Across America, winners of the longest banner award
Equality Across America, winners of the longest banner award – Photo by Cathy Kristofferson

6 thoughts on “DOMA Day at SCOTUS

  1. Short and sweet… I do believe DOMA is… DOOMED!!! Great Day in the morning!

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