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Common Dreams

DOMA Challenge Reaches Supreme Court

by
Lauren McCauley, staff writer

Pepper and Lisa Williams outside the Supreme Court Wednesday in supporting the takedown of DOMA. (Photo: Randall Pinkston via Twitter)

On Wednesday morning, the Supreme Court heard oral arguments in a case that challenges the Defense of Marriage Act (DOMA), the second of two same-sex marriage cases before the high court this week.

In United States v. Windsor, the justices will be deciding—not if there is a constitutional right to same-sex marriage—but rather, if Congress can legally pass a law that treats same-sex couples who are already married differently from opposite-sex couples.

The suit accuses DOMA of discrimination, claiming that the law violates the Fifth Amendment by preventing legally married gay couples from receiving federal benefits.

Following large and raucous protests on Tuesday, gay rights supporters again rallied in front of the courthouse steps Wednesday.

A decision by the court is not expected until June.

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