海角大神

For gay rights activists, partial victory more likely than sweeping

U.S. Supreme Court justices heard oral arguments in a case that could overturn the Defense of Marriage Act (DOMA) for a second day on Wednesday. Potential swing vote, Justice Anthony Kennedy warned the law may infringe on states' rights to define marriage. 

The听U.S. Supreme Court听seemed to be leaning on Wednesday toward striking down a law that denies federal benefits to legally married same-sex couples in a move that would reflect a shift in Americans' attitudes about gay marriage.

In a second day of oral arguments on same-sex marriage, a majority of the court raised serious concerns with the Defense of Marriage Act, or DOMA, enacted in 1996 under President Bill Clinton.

Arguments over the last two days on the DOMA听case and a separate one challenging听California's ban on gay marriage marked the high court's first foray into a delicate and divisive political, religious and social issue in the听United States听as polls indicate growing public support for same-sex marriage.

In theory, the cases have the potential for the court to take a significant step toward endorsing gay marriage as it gains support in some parts of the country. Based on the arguments, however, a partial victory for gay rights activists seems more likely than the sweeping declaration of same-sex marriage rights they had hoped for.

As demonstrators rallied outside the听Supreme Court building听for a second day, Justice听Anthony Kennedy, a potential swing vote, showed a willingness to invalidate DOMA, which denies married same-sex couples access to federal benefits by defining marriage as between a man and a woman.

He warned of a "real risk" that the law infringes on the traditional role of the states in defining marriage.

A conservative, Kennedy is viewed as a key vote on this issue in part because he has twice authored decisions in the past that were viewed as favorable to gay rights.

In contrast to the ambivalent approach they displayed on Tuesday in arguments about听California's Proposition 8 gay marriage ban, the nine justices seemed willing to address the substantive issue in the DOMA听case, while also eyeing procedural questions.

The court is not expected to rule on the two cases until the end of June. If the justices were to strike down DOMA, legally married gay couples would be winners because they would have improved access to federal benefits, such as tax deductions.

Justices gave a strong indication they might resolve the Proposition 8 case on procedural grounds, but even that would be viewed as a win for gay rights activists as same-sex marriages in听California听would likely resume.

What appears highly unlikely is a sweeping declaration of a right for gay people to marry, a possible option only in the听California听case.

Overall, a majority of the justices made it clear that, while they might not impede the recent movement among some states toward gay marriage, they were not willing to pave the way either.

Nine states now recognize gay marriage, while 30 states have constitutional amendments banning it and others are in-between.

On several occasions over the two days, the justices' own remarks illustrated how quickly attitudes have changed in favor of gay marriage.

During Tuesday's arguments, Justice听Antonin Scalia, a conservative, questioned whether there was sufficient data to show that children are not adversely affected if raised by same-sex couples. Likewise, Justice听Samuel Alito听noted the concept of gay marriage is "newer than cellphones and the Internet."

Offering a liberal perspective, Justice听Elena Kagan听prompted murmurs of surprise from onlookers on Wednesday when she quoted from a听U.S. House of Representatives听report written less than two decades ago, at the time DOMA听was enacted, that referenced "moral disapproval" of gay marriage.

'Skim milk marriage'

As attention turned to DOMA听on Wednesday, Kennedy made it clear where he stood, referring to DOMA听as "inconsistent" because it purports to give authority to the states to define marriage while limiting recognition of those determinations.

His states' rights concerns were echoed by two of the liberal members of the bench, Kagan and Justice听Sonia Sotomayor. "What gives the听federal government听the right to be concerned at all about what the definition of marriage is?" Sotomayor said.

Justice听Ruth Bader Ginsburg听and Justice听Stephen Breyer听also raised concerns about the law.

Ginsburg stressed how important federal recognition is to any person who is legally married.

"It affects every area of life," she said.

Comparing marriage status with types of milk, Ginsburg said that a gay marriage endorsed by a state, but not recognized by the听federal government, creates two types of marriage, "full marriage, and then this sort of skim milk marriage."

If the court rules on the states' rights issue, the justices could strike down the law without deciding the bigger question of whether DOMA听violates the U.S. Constitution's guarantee of equal protection under the law.

On that issue, Kagan spoke of a "red flag" that indicates听Congress听passed DOMA听with the intent of targeting a group that is "not everyone's favorite group in the world."

Various groups are calling for DOMA听to be struck down, such as the听Business Coalition for DOMA听Repeal, whose members include听Marriott International听Inc,听Aetna听Inc, eBay Inc , and Thomson Reuters Corp, the corporate parent of the Reuters news agency.

Separately, several conservative justices criticized Obama and his Justice Department for not defending the marriage law in court.

Chief Justice听John Roberts听questioned whether Obama had "the courage of his convictions" for continuing to enforce DOMA听while calling it invalid.

(Reporting by听Lawrence Hurley, Joan Biskupic,听David Ingram听and Joseph Ax; Editing by Kevin Drawbaugh and Eric Beech)