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Supreme Court strikes federal marriage provision

•  Legal Business     updated  2013/06/26 09:31

In a major victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.

The justices issued two 5-4 rulings in their final session of the term. One decision wiped away part of a federal anti-gay marriage law that has kept legally married same-sex couples from receiving tax, health and pension benefits.

The other was a technical ruling that said nothing at all about same-sex marriage, but left in place a trial court's declaration that California's Proposition 8 is unconstitutional. That outcome probably will allow state officials to order the resumption of same-sex weddings in the nation's most populous state in about a month.

In neither case did the court make a sweeping statement, either in favor of or against same-sex marriage. And in a sign that neither victory was complete for gay rights, the high court said nothing about the validity of gay marriage bans in California and roughly three dozen other states. A separate provision of the federal marriage law that allows a state to not recognize a same-sex union from elsewhere remains in place.


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