The Daily Item, Sunbury, PA

News

March 27, 2013

High court hears case on federal benefits for gays

WASHINGTON — In the second of back-to-back gay marriage cases, the Supreme Court is turning to a constitutional challenge to the law that prevents legally married gay Americans from collecting federal benefits generally available to traditionally married couples.

A section of the 1996 Defense of Marriage Act says marriage may only be a relationship between a man and a woman for purposes of federal law, regardless of state laws that allow same-sex marriage.

Lower federal courts have struck down the measure, and now the justices, in nearly two hours of scheduled argument Wednesday, will consider whether to follow suit.

A somewhat smaller crowd gathered outside the court Wednesday, mainly gay marriage supporters who held American and rainbow flags. One man wore a rainbow flag as a cape. "Two, four, six, eight, we do not discriminate," a group chanted at one point.

The DOMA argument follows Tuesday's case over California's ban on same-sex marriage, a case in which the justices indicated they might avoid a major national ruling on whether America's gays and lesbians have a right to marry. Even without a significant ruling, the court appeared headed for a resolution that would mean the resumption of gay and lesbian weddings in California.

Marital status is relevant in more than 1,100 federal laws that include estate taxes, Social Security survivor benefits and health benefits for federal employees. Lawsuits around the country have led four federal district courts and two appeals courts to strike down the law's Section 3, which defines marriage. In 2011, the Obama administration abandoned its defense of the law but continues to enforce it. House Republicans are now defending DOMA in the courts.

Same-sex marriage is legal in nine states and the District of Columbia. The states are Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington. It also was legal in California for less than five months in 2008.

The justices chose for their review the case of Edith Windsor, 83, of New York, who sued to challenge a $363,000 federal estate tax bill after her partner of 44 years died in 2009.

Windsor, who goes by Edie, married Thea Spyer in 2007 in Canada after doctors told them that Spyer would not live much longer. She suffered from multiple sclerosis for many years. Spyer left everything she had to Windsor.

There is no dispute that if Windsor had been married to a man, her estate tax bill would have been zero.

The U.S. 2nd Circuit Court of Appeals in New York agreed with a district judge that the provision of DOMA deprived Windsor of the constitutional guarantee of equal protection of the law.

Like the Proposition 8 case from California, Windsor's lawsuit could falter on a legal technicality without a definitive ruling from the high court.

The House Republicans, the Obama administration and a lawyer appointed by the court especially to argue the issue were to spend the first 50 minutes Wednesday discussing whether the House Republican leadership can defend the law in court because the administration decided not to, and whether the administration forfeited its right to participate in the case because it changed its position and now argues that the provision is unconstitutional.

If the Supreme Court finds that it does not have the authority to hear the case, Windsor probably would still get her refund because she won in the lower courts. But there would be no definitive decision about the law from the nation's highest court, and it would remain on the books.

On Tuesday, the justices weighed a fundamental issue: Does the Constitution require that people be allowed to marry whom they choose, regardless of either partner's gender? The fact that the question was in front of the Supreme Court at all was startling, given that no state recognized same-sex unions before 2003 and 40 states still don't allow them.

But it was clear from the start of the 80-minute argument in a packed courtroom that the justices, including some liberals who seemed open to gay marriage, had doubts about whether they should even be hearing the challenge to California's Proposition 8, the state's voter-approved gay marriage ban.

Justice Anthony Kennedy, the potentially decisive vote on a closely divided court, suggested the justices could dismiss the case with no ruling at all.

Such an outcome would almost certainly allow gay marriages to resume in California but would have no impact elsewhere.

There was no majority apparent for any particular outcome, and many doubts were expressed by justices about the arguments advanced by lawyers for the opponents of gay marriage in California, by the supporters and by the Obama administration, which is in favor of same-sex marriage rights. The administration's entry into the case followed President Barack Obama's declaration of support for gay marriage.

On the one hand, Kennedy acknowledged that same-sex unions had only become legal recently in some states, a point stressed repeatedly by Charles Cooper, the lawyer for the defenders of Proposition 8. Cooper said the court should uphold the ban as a valid expression of the people's will and let the vigorous political debate over gay marriage continue.

But Kennedy pressed him also to address the interests of the estimated 40,000 children in California who have same-sex parents.

"They want their parents to have full recognition and full status," Kennedy said. "The voice of those children is important in this case, don't you think?"

Yet when Theodore Olson, the lawyer for two same-sex couples, urged the court to support such marriage rights everywhere, Kennedy feared such a ruling would push the court into "uncharted waters." Olson said the court similarly ventured into the unknown in 1967 when it struck down bans on interracial marriage in 16 states.

Kennedy challenged the accuracy of that comment: He noted that other countries had had interracial marriages for hundreds of years.

The justice also made clear he did not like the rationale of the federal appeals court that struck down Proposition 8, even though it cited earlier opinions in favor of gay rights that Kennedy had written.

That appeals court ruling applied only to California, where same-sex couples briefly had the right to marry before the state's voters in November 2008 adopted Proposition 8, a constitutional amendment that defined marriage as the union of a man and a woman.

Reflecting the high interest in the cases, the court planned to release an audio recording of Wednesday's argument shortly after it concludes, just as it did Tuesday.

The Tuesday audio can be found at: http://tinyurl.com/dxefy2a .

 

1
Text Only
News
  • xfire20b.jpg Firefighters battle blaze at BJ's in Danville

    DANVILLE — A fire Sunday damaged BJ’s Steak & Rib House, 291 Mill St., and endangered a neighboring shop and apartment building.

    April 20, 2014 6 Photos

  • Chase leads to jail

    MILTON — Charges were pending Sunday against a man allegedly tied to a rash of recent burglaries in Milton borough who ran from Milton Police on Saturday.
     

    April 20, 2014

  • Police: 3 steal debit cards, $10G in jewelry for drug trip to NY

    NEW BERLIN — Three Valley teenagers are under investigation for allegedly stealing debit cards and roughly $10,000 in jewelry from three parked vehicles in Union County earlier this month to fund a trip to New York to buy drugs.

    April 20, 2014

  • Valley farmers keep eye out for deadly pig virus

    CAMP HILL — Pork producers across the commonwealth — and in the Valley — are on the alert for a still existing virus that last year killed 12 piglets in Pennsylvania and a million piglets around the country.

    April 20, 2014

  • Loaded language

    Sometimes it’s the offhand remark that’s the most telling. Indeed, the way we Americans casually, often unthinkingly, incorporate gun metaphors into our everyday slang says a lot about how deeply embedded guns are in our culture and our politics, and how difficult it is to control or extract them. Consider this list, presented as bullet points — which are themselves so conventional, so central to the typography of mind-numbing PowerPoint presentations, that you can forget what their shape represents.

    April 20, 2014

  • Prize claim cost man $1,829

    WINFIELD — Western Union is doing what it can to educate people about the risks in wiring money. An entire section on its website (www.westernunion.com) is devoted to providing information that might reduce the risk of people falling victim to fraud schemes.
     

    April 19, 2014

  • Reel good time enjoyed by 200 young anglers

    TREVORTON — It only took about three minutes for J.C. Wallish to reel in his first fish at the Little Shamokin Creek Watershed Association’s annual Youth Trout Derby on Saturday.
     

    April 19, 2014

  • Elytte Barbour's 'bad trip' put him on the road to prison, friend says

    SUNBURY — A former roommate of slaying suspect Elytte Barbour drove 450 miles from North Carolina to spend 45 minutes in the Northumberland County Prison with his best friend last week, and was not surprised when he heard Barbour say: “I am afraid to spend the rest of my life in jail.”

    April 19, 2014

  • bonehunt20a.jpg 60 dogs battle for biscuits at annual bone hunt

    It was a scene similar to ones playing out all over the nation this weekend: nervous parents holding baskets and bags, watching their little ones search for goodies in the grass.

    April 19, 2014 1 Photo

  • Arizona tribe set to prosecute first non-Indian under a new law

    PASCUA YAQUI INDIAN RESERVATION, Ariz. — Tribal police chief Michael Valenzuela drove through darkened desert streets, turned into a Circle K convenience store and pointed to the spot beyond the reservation line where his officers used to take the non-Indian men who battered Indian women.
     

    April 19, 2014

The Daily Marquee
Poll

How do you eat your chocolate Easter bunny?

Feet first
Tail first
Ears first
     View Results
Photo Galleries
The Valley

Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.