WASHINGTON (AP) — The U.S. Supreme Court handed two major victories today to advocates of gay marriage, ruling that same-sex couples should get the same federal benefits as heterosexual couples and clearing the way for the resumption of same-sex marriages in California, the most populous U.S. state.
The rulings, both by 5-4 margins, do not mean that gay marriage will be permitted throughout the United States; most states still ban it. But they build on the momentum of the gay rights movement, with its broad shift in public attitudes, a dozen states adopting gay marriage and a U.S. president, Barack Obama, who has advocated for gay rights.
In one case, the court invalidated provisions of the federal Defense of Marriage Act that has prevented married gay couples from receiving a range of tax, health and retirement benefits that are generally available to married people.
The second case was a technical legal ruling that left in place a lower court’s ruling striking own California’s ban on gay marriage. It found that the defenders of the ban did not have the right to appeal the decision. Gov. Jerry Brown quickly ordered that marriage licenses be issued to gay couples as soon as a federal appeals court lifts its hold on the lower court ruling, possibly next month.
Obama praised the court’s ruling on the federal marriage act, which he said “was discrimination enshrined in law.” Obama decided in 2011 to stop defending the 1996 law, concluding that it was legally indefensible.
“It treated loving, committed gay couples and lesbians as a separate and lesser class of people,” Obama said in a statement. “The Supreme Court has righted that wrong, and our country is better off for it.”
Obama also telephoned his congratulations to the plaintiffs in the California case from Air Force One en route to Africa.
U.S. Defense Secretary Chuck Hagel said the Pentagon would begin the process to extend benefits to the same-sex spouses of military members as soon as possible. Defense officials estimate there are 18,000 same-sex couples in the active duty, National Guard and Reserves. It’s unclear how many of those are married.
The repeal of the ban on openly gay military service took effect in September 2011.
Outside the Supreme Court, supporters of same-sex marriage burst into cheers and wept openly upon hearing the decision. Chants of “Thank you” and “USA” came as the plaintiffs in the cases descended the marbled steps.
Opponents of same-sex marriage, who insist that marriage should be only between a man and a woman, were loud in their disapproval. “We are devastated that the Supreme Court succumbed to political pressure by voting to weaken the sacred institution,” said Rev. William Owens, president of the Coalition of African-American Pastors.
Wednesday’s outcome is clear for people who were married and live in states that allow same-sex marriage. They now are eligible for federal benefits.