Facebook blames a bug for the disappearance of posts about same-sex marriage

Some recent cases of news articles about same-sex marriage disappearing from the newspaper page on Facebook appear to have been caused by a bug and not a policy violation, the social network said.

Several regional daily newspapers, such as The Mercury serving Pottstown, Pennsylvania, started seeing in late July that stories covering developments on the issue of same-sex marriage were mysteriously disappearing from their pages on Facebook. A post Friday at the website for the Poynter Institute, a journalism education and training center, called attention to the issue.

"In all likelihood this was a bug and not a policy violation," a Facebook spokeswoman said Friday, referring specifically to The Mercury's issues. If it had been a policy violation, the page administrators would have received a notification of the article removals, which they did not, Facebook said.

The circumstances surrounding some of the posts' disappearances are a bit odd. At The Mercury, for instance, online editor Eileen Faust noticed the trend when a local county began issuing licenses to same-sex couples on July 24. Roughly five to six articles disappeared from Facebook after they were posted, she said, but no stories covering other topics disappeared in a similar way.

The articles that disappeared covered news dng with both support and opposition to same-sex marriage, she said.

The paper has not experienced any major issues with articles disappearing since then, but that may only be because The Mercury has not been posting as many articles on same-sex marriage, Faust said.

"We're going to keep an eye on this," she added in an interview.

The Mercury's posts on same-sex marriage have since been restored to the paper's page on Facebook, the social network said.

Other regional newspaper companies, such as 21st Century Media papers in the Philadelphia region and papers owned by the Los Angeles News Group, have also noticed that their stories on same-sex marriage have disappeared from their Facebook pages, The Mercury reported in its coverage of the issue.

21st Century Media and the Los Angeles News Group could not be immediately reached to comment.

Though The Mercury paper's issues were probably caused by a bug or some kind of glitch, Facebook said, the issue did arise just before the company announced an aggressive new strategy to better detect controversial content on its site that may be violent, graphic or sexual in nature.

Facebook has a complicated way for classifying what is offensive content and what is not. In terms of graphic content, "We understand that graphic imagery is a regular component of current events, but must balance the needs of a diverse community," the site says in its community standards.

The Mercury's Faust said she would like to have a more direct contact at Facebook to communicate with when issues occur. "We can't easily connect or get a response from them," she said.

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Gay Marriage Battle Shifts To States

Advocates for gay marriage in New Jersey gather outside the Statehouse on Thursday.

Gay rights activists celebrated two big victories this week before the U.S. Supreme Court, as justices overturned the Defense of Marriage Act and cleared the way for same-sex marriages in California.

Now gay marriage opponents and supporters are turning their attention to individual states, like New Jersey, where polls show most residents support same-sex marriage. So far, one person, Gov. Christ Christie, has stood in the way.

"I believe that the institution of marriage for 2,000 years has been between a man and a woman, and I believe that it should continue to be," Christie said recently on a radio call-in show in Trenton last week.

Heading into a re-election campaign, Christie remains popular, even though most voters in the state disagree with him on this issue. He says advocates should put the issue before voters in November with a referendum.

"The proponents have said all along that the majority of people in New Jersey want it," he told radio listeners. "Well then put it on the ballot and then it'll pass and then it's the end of the discussion."

Privately some gay marriage supporters say they want to avoid an expensive campaign. But more important, they say a referendum is not how they want to win.

Sheila Oliver, speaker of the New Jersey General Assembly, says guaranteeing civil rights should be the role of courts and lawmakers. Last year New Jersey's legislature approved a gay marriage bill, but Christie vetoed it.

"Many of our legislative leaders believe that civil rights should not be litigated in a public referendum," Oliver said. "I think the next tactic you will see in the next coming weeks in New Jersey are efforts to get a veto override."

Hayley Gorenberg, an attorney with Lamda Legal, said at a rally Thursday that there's a clear legal argument now to establish same-sex marriages in the Garden State. New Jersey already has civil unions, but gay rights groups want full marriage.

"Based on the Supreme Court decision, we will file a motion for summary judgment for an immediate ruling that same-sex couples be allowed to marry," Gorenberg told supporters.

In neighboring Pennsylvania, several Democratic lawmakers are introducing same-sex marriage legislation. But those bills will likely have an uphill battle in the Republican-dominated legislature.

On Wednesday, Democratic State Rep. Brian Sims, who is gay, tried to make a statement on the House floor, but Republicans blocked him.

Speaking on member station WHYY, GOP State Rep. Daryl Metcalfe said he felt
obliged to stop Sims from making comments "that ultimately were just open rebellion against what the word of God has said, what God has said, and just open rebellion against God's law."

Most states in the U.S. don't allow same-sex marriages. But now, with California, about 30 percent of the U.S. population will live in states that do have gay marriage. Supporters believe the list of states will grow.

Illinois Gov. Pat Quinn says he hopes his state will soon make gay marriage legal. There's talk of campaigns and legal battles in places like Hawaii, Nevada, Oregon and Ohio.

Colorado allows civil unions, but University of Denver law professor Kris Miccio says she wants full marriage. She believes the Supreme Court's rulings last week give her a good argument to make in court. So she and her partner have a plan.

"We're going to be married the Saturday after Thanksgiving in New York," Miccio said. "And then coming back to Colorado and filing suit."

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Plaintiffs in Gay Marriage Case Wed in San Francisco, Los Angeles

The lead plaintiffs in the U.S. Supreme Court case that overturned California's same-sex marriage ban tied the knot at San Francisco City Hall and at Los Angeles City Hall on Friday, within a few hours after a federal appeals court freed same-sex couples to obtain marriage licenses for the first time in 4 1/2 years.

State Attorney General Kamala Harris presided at the wedding of Kris Perry and Sandy Stier, of Berkeley, as hundreds of supporters looked on and cheered. The couple sued to overturn the state's voter-approved gay marriage ban along with Jeff Katami and Paul Zarrillo, who were married in a ceremony led by Mayor Antonio Villaraigosa at Los Angeles City Hall.

VIDEO: Dustin Lance Black and Chad Griffin on Hollywood vs. Prop 8: 'This Town Is So Critical to Civil Rights'  

"By joining the case against Proposition 8, they represented thousands of couples like themselves in their fight for marriage equality," Harris, who had asked the appeals court to act swiftly, said during Stier and Perry's brief ceremony. "Through the ups and downs, the struggles and the triumphs, they came out victorious."

Harris declared Perry, 48, and Stier, 50, "spouses for life," but during their vows, they took each other as "lawfully wedded wife." One of their twin sons served as ring-bearer.  Villaraigosa praised Katami and Zarrillo for fighting for "dignity and liberty for all."  "How you are looking at each other today, you are just as in love today as you were when you met 12 years ago," the mayor said before reading the vows.

Although the two couples have fought for the right to wed for years, their weddings came together in a flurry when a three-judge panel of the 9th U.S. Circuit Court of Appeals issued a brief order Friday afternoon dissolving, "effective immediately," a stay it imposed on gay marriages while the lawsuit challenging the ban advanced through the courts.

"I can tell you this," said Katami on a press call Friday afternoon. "Equal feels different. We woke up on Thursday and this morning feeling like full citizens. We'll be able to call each other 'husband.' We are very happy that this day is here."

Sponsors of California's same-sex marriage ban called the appeals court's swift action "outrageous."

"The resumption of same-sex marriage this day has been obtained by illegitimate means. If our opponents rejoice in achieving their goal in a dishonorable fashion, they should be ashamed," said Andy Pugno, general counsel for a coalition of religious conservative groups that sponsored Proposition 8.

"It remains to be seen whether the fight can go on, but either way, it is a disgraceful day for California," Pugno said.

The Supreme Court ruled 5-4 Wednesday that Proposition 8's sponsors lacked authority to defend the measure in court once Harris and Gov. Jerry Brown, both Democrats, refused to do so.

The decision lets stand a trial judge's declaration that the ban, approved by voters in November 2008, violates the civil rights of gay Californians and cannot be enforced.

Under Supreme Court rules, the losing side in a legal dispute has 25 days to ask the high court to rehear the case. The court said earlier this week that it would not finalize its ruling in the Proposition 8 case until after that time had elapsed.

It was not immediately clear whether the appeals court's action would be halted by the high court, but Gov. Jerry Brown directed California counties to start performing same-sex marriages immediately in the wake of it.

One of the plaintiffs' attorneys, Ted Boutrous, had very strong words for the Proposition 8 sponsors:  "They should hang it up and and quit trying to stop people from getting married. The law of the land in California is people can get married. They're getting married."

A memo from Brown's Department of Public Health said "same-sex marriage is again legal in California" and ordered county clerks to resume issuing marriage licenses to gay couples.

Given that word did not come down from the appeals court until mid-afternoon, most counties were not prepared to stay open late to accommodate potential crowds. The clerks in a few counties announced that they would stay open a few hours later Friday.

A jubilant San Francisco Mayor Ed Lee announced that same-sex couples would be able to marry all weekend in his city, which is hosting its annual gay pride celebration this weekend.

 

Court lifts ban on gay marriage in California

1 of 3. Rainbow colored flags fly outside City Hall in San Francisco, California June 28, 2013. The U.S. Supreme Court on Wednesday handed a significant victory to gay rights advocates by ruling that married gay men and women are eligible for federal benefits and paving the way for same-sex marriage in California.
SAN FRANCISCO - Same-sex marriages were set to resume in California on Friday, after the 9th Circuit Court of Appeals issued a surprise order lifting an injunction preventing the unions.
The order came in response to an opinion released Wednesday by the U.S. Supreme Court that effectively killed a voter-approved ban on same-sex marriages in the state.
Within moments of the ruling, couples, officials and activists began to converge on San Francisco City Hall, where unions were due to resume immediately.
"On my way to S.F. City Hall," tweeted the state's attorney general, Kamala Harris. "Let the wedding bells ring!"
Harris arrived with her arm around a key lawyer in the case, as the couple at the heart of a case challenging the state's ban waited eagerly for their marriage license to be issued.
"This is really a great day," said Cindy Stier, who with her fiancee Kristin Perry filed the lawsuit against Proposition 8, the ballot initiative that outlawed same-sex marriage in California in 2008.
The 9th Circuit had been expected to wait 25 days before lifting the injunction so the Supreme Court would have time to release a formal order. But the judges decided to act instead on Friday, a move that would allow the marriages to begin in advance of Gay Pride weekend.
"The stay in the above matter is dissolved effective immediately," the 9th Circuit Court of Appeals said in its ruling.

Supreme Court's Gay Marriage Decisions: Hollywood Reacts

The Supreme Court today declared that a key section of the Defense of Marriage Act, which restricts federal benefits for gay couples, is unconstitutional. Entertainment industry insiders, including openly gay celebrities, spoke out to The Hollywood Reporter about today's big decision.

The following are some of their reactions:

Glee, American Horror Story and The New Normal creator Ryan Murphy:

"Today is a historic day made all the more meaningful by the fact that my marriage to my husband, David, will now not only be recognized by my home state of California, but federally as well, as it always should have been. Many have suggested that Hollywood, and particularly television, has helped move the country forward on the issue of marriage equality. If that is true, and my work played even a small part in that, I am humbled and reminded of the power of entertainment to enlighten as well as entertain."

Singer and Broadway composer   Cyndi Lauper:

"History has been made today and justice has prevailed. To all of you who have been waiting on the sidelines for years, for lifetimes, it's a huge day. I am so, so happy for you.

"The U.S. Supreme Court ruled in favor of loving and committed gay couples, and the so-called Defense of Marriage Act has been ruled unconstitutional. Not only that, but California's Proposition 8 was struck down, restoring marriage equality to the state of California.

"Both of these decisions not only impact the lives of gay couples, but of gay and transgender youth who struggle to find acceptance from their family and friends. Every step closer we get to equality ensures that these kids have the futures that they deserve and are entitled to.

"Thank you so much to the inspiring plaintiffs, attorneys and everyone across the country who have worked so hard for so many years. Today, we celebrate. Tomorrow, we keep working for full equality for all and to bring the freedom to marry for gay couples to the 37 states that still remain."

Rocker Melissa Etheridge:

"'Laws and institutions must go hand in hand with the general progress of the human mind.' -- Thomas Jefferson

"Let's hear it for the general progress of the human mind. With a beautiful sweep of sweet justice's blind hand we move forward. We correct the laws made hastily out of fear.

"I look forward to exercising my American civil liberties and getting fully, completely and legally married this year to my true love of over three years, Linda Wallem.

"Once again our constitution stands strong. All men, and women, and everything in between are created equal."

Oscar-winning Milk screenwriter Dustin Lance Black:

"We stand on the shoulders of so many who gave their hearts, their stories, their names and their lives to see this day realized. I'll be celebrating them tonight … but tomorrow it's back to work to ensure our promise of full federal equality applies to all Americans regardless of what state they live in."

Hollywood power lawyer Steve Warren:

"Today was so rewarding from so many standpoints," says Warren, who says he couldn't sleep last night and was up at 5 a.m. awaiting the decision. "Even though it didn't go the full way, it wound up going so far. It's such an embracing decision, that gay people are equal people. It's just a great day. I've been getting calls all morning from people in the industry. My speech has had more impact than I would have ever expected. When I saw the decision, I got chills and had tears coming down from my face. It was like, 'Holy cow, things have changed.' I know the four plaintiffs. I'm texting them this morning. These are the Rosa Parks. These are the people who go down in history."

My So-Called Life star Wilson Cruz: 

"At long last, the legal marriages of countless gay and lesbian couples will be afforded the same federal recognition and protections as any other. Today is a cornerstone for justice and equality -- when our nation once again moved closer to recognizing and celebrating all LGBT Americans for their contributions to our great country.

"The Court also denied standing in Hollingsworth v. Perry, which challenged the constitutionality of California's anti-gay Proposition 8, or Prop. 8, a statewide ban on marriage equality. The decision will restore marriage equality in California.

"A majority of Americans, and now the highest court in the land, agree that it's wrong to strip loving and committed gay and lesbian couples of the fundamental opportunity to marry the person you love. Today, we stand in solidarity with millions of Californians, who can finally say 'I do' to the person they love."

Pop icon   Madonna:

"What a way to start my day!! I'm wearing a smile from ear to ear. There is a G-D! Justice is served. Hallelujah !!"

Scandal star Guillermo Diaz

"Finally! Everything is as it should be. Today has been an enormous victory for marriage equality. When you have to fight for something it makes you cherish it all that much more."

Bravo exec and Watch What Happens Live host Andy Cohen:

"I'm just thrilled. I never thought that I would see this day, really, and it's just a huge victory. I'm a little speechless because it came from the highest court, and it's huge."

Precious director Lee Daniels:

"It's a sad day for the gay men who are trying to save their money. But in all seriousness, this day is as important as the day African-Americans were given the right to vote. I'm proud to be an American."

Rock of Ages director Adam Shankman:

"I never thought in my lifetime I would see anything like this happen. I had settled into subconsciously believing that I would always be viewed as separate and unequal. I have never felt so grateful, and so happy. I look forward to the rest of my married life with my fiancé, and soon to be husband, Frank Meli."

Chef Cat Cora:

"My wife and I are overjoyed with emotion and tears of gratitude that this day has finally arrived. Not only will we and our children be treated as equals in this great country, but all gays and lesbians will be rightfully treated with equality as Americans. Our highest court has determined that we are all constitutionally equal, but more importantly, that we are all part of humanity and should be treated with love, respect, and compassion."

Outfest Executive Director Kirsten Schaffer:

"Last summer, I met [DOMA plaintiff] Edie [Windsor] in person at NewFest [the New York City LGBT film festival] when she was honored with the NewFest Achievement Award. But, I first "met" Edie in the award-winning documentary Edie and Thea: A Very Long Engagement (the Outfest 2009 Audience Award winner directed by Greta Olafsdottie and Sunsan Muska), a film that chronicles the wedding of Edie and Thea after 42 years of a magnificent love. I was struck by two things in Edie's acceptance speech at NewFest. First, she talked about the courage that the documentary gave her to take her case to the Supreme Court and second, that the documentary was used as evidence in her case to support her life-long love and commitment to Thea. Overturning DOMA is a testament not only to the courage of one woman, but also to the power to change people, change culture and change the law through story and moving image.

MSNBC Live host Thomas Roberts:

"I feel my marriage has the equal respect it always deserved and I feel validated by my country. Most of all, I am extremely proud.

"It was epic! It was a moment in American history I was literally born to cover. My mom called me right after the show to say how proud she was and I was 'perfect.' I spoke to my husband a short time later and he said it best: 'Great show!' When you organically have President Obama end up in your hour with reaction to a SCOTUS ruling in favor of LGBT equality -- it is a great show!"

Follow me on Twitter @sajilpl

Same-Sex Marriage Law Could Mean Wedding Bells for Straight Hollywood Couples

Wedding bells may be ringing for more than just gay Hollywood in the wake of the Supreme Court's decision to strike down Prop 8, legalizing same-sex marriage in the state of California.

Kristen Bell marked the occasion by asking her fiancé (and father of her baby girl) Dax Shepard to finally tie the knot after four years of betrothal.

STORY: Supreme Court Strikes Down Gay Marriage Ban: Hollywood Reacts

"@daxshepard1 will you marry me? Xo," wrote Bell, to which her future husband replied, "F--- yes!!!"

See, Bell and Shepard said that they wouldn't make their union official until their gay friends could do the same.

"Once it's official and everybody stops appealing it the minute before it passes, we'll get married," the House of Lies star said on Larry King Now in August 2012.

But the future Mr. and Mrs. Shepard are hardly alone. They join several other straight Hollywood couples -- and singles -- who have made similar pacts.

In 2006, longtime partners Brad Pitt and Angelina Jolie made clear that they would not tie the knot until all couples could, with the actor telling Esquire that "Angie and I will consider tying the knot when everyone else in the country who wants to be married is legally able." And while Pitt did put a ring on it in 2012, the duo has yet to make it down the aisle.

Q&A: What the Supreme Court's Prop 8 Ruling Means for California

Sarah Silverman made her stance known via Twitter back in 2010, slamming those straight couples who wed prior to marriage equality.

"Just a suggestion: Boycott marriage until it's legal 4 everyone," she wrote. "If u marry in this climate u are against equal rights."

Charlize Theron has said that she opposes the institution of marriage as a whole, but expressed disdain for the government dictating that decision for others.

"It's a divine right, and when government starts to tell us who can love and what is good love… I do have a problem with that," she told Piers Morgan in 2011. "I do have a problem with the fact that our government hasn't stepped up enough to make this federal, to make [gay marriage] legal."

Jason Mraz popped the question to Tristan Prettyman in 2010, but told Us Weekly that they weren't quite ready to follow through.

"The wedding would be nice for our family, our friends, our community -- our moms especially -- and so it puts us in the fight. We can't get married until [gay] marriage is legal and equal… I think giving people the right to marry will be a huge movement in civil rights," he said. However, the duo has since called off their engagement.

But not every star in favor of marriage-for-all has stuck to their guns. Natalie Portman, Howard Stern and Jodie Sweetin have all, at one time or another, said they'd swear off the nuptials until same-sex couples had the same rights.

Their statuses: Married, married and separated (from her third husband), respectively.

Follow me on Twitter @sajilpl

Kristen Bell, Dax Shepard Tease Wedding Plans After Gay Marriage Ruling

Kristen Bell is celebrating the Supreme Court victory for same-sex couples by taking her relationship with comedian Dax Shepard to the next level.

The couple, who have a young daughter together, have been engaged since 2009, but have said they would not marry until their gay friends were allowed to.

"Once it's official and everybody stops appealing it the minute before it passes, we'll get married," the House of Lies star said on Larry King Now in August 2012.

STORY: Supreme Court's Gay Marriage Decisions: Hollywood Reacts

After the Supreme Court struck down the Defense of Marriage Act, which restricts federal benefits to same-sex couples, Bell tweeted at her fiance:

.@daxshepard1 will you marry me? Xo #marriageequality #loveislove”

— Kristen Bell (@IMKristenBell) June 26, 2013

He seemed more than keen on the idea, responding:

@IMKristenBell F--- Yes!!!!!!!!!!!

— dax shepard (@daxshepard1) June 26, 2013

Minutes earlier, Shepard tweeted: "DOMA is dead. Prop 8 is dead. Now let's bring my big, gay marriage to @IMKristenBell to Life!!!!""

Last August, the couple appeared together on CNN's Piers Morgan Tonight, where Shepard explained why they were holding off on getting married, despite their long engagement.

"We're not going to have a party when half of our friends ... can't do that thing we're doing," he said. "We're not going to ask them to come celebrate a right they don't have. That's just tacky! Forget like anything else, it's like really tacky for us.”

Bell said in the interview, "I don't believe in standing in the way of love, and I want to stand up for that right."

She added: "And that's what it is. If someone wants to commit their life to another person, why would I not bolster that argument?”

Watch Dax's and Shepard's comments from 2012 below.

Follow me on Twitter @sajilpl

Same-sex marriage ruling: Financial impact

In a 5-4 ruling, the court ruled that the 1996 Defense of Marriage Act is unconstitutional because it denies married same-sex couples the same benefits that heterosexual couples receive.

The court ruled that DOMA singled out same-sex marriage and treated same-sex couples "as living in marriages less respected than others."

Married same-sex couples in a dozen states and the District of Columbia will now be eligible for more than 1,000 spousal benefits previously off limits under DOMA. And the court's other decision on Wednesday, striking down California's Prop 8, paves the way for same-sex marriages to resume in that state.

Income tax: Same-sex couples will now be able to file their federal income taxes jointly. For many couples -- especially those where one person earns significantly more than the other -- merging incomes for tax purposes will result in big savings.

Janet and Janet Emery-Black, who married in California in 2008, estimate they could save more than $10,000 a year in income tax by filing jointly. Because one is retired and the other works full-time, combining incomes would put them in a much lower tax bracket.

Related: Same-sex ruling: 'A huge relief'

The Emery-Blacks are also hoping to take advantage of a protective refund claim by amending their taxes for the past three tax years to get back some of the extra income tax they paid as a result of DOMA.

The couple has already amended their 2009 tax returns and they plan to file protective refund claims for 2010 and 2011. If the IRS approves those claims they expect to receive a total of more than $30,000 in refunds for the last three years.

Other couples won't be helped by filing jointly, however. Kevin O'Leary and Brian Esser, from New York City, will actually end up owing roughly $5,000 more in income tax per year because they bring in similar salaries.

Gift tax: Same-sex couples will also be exempt from gift tax when transferring assets to each other. Under DOMA, any gift between same-sex spouses of more than $14,000 began adding up to a lifetime limit of $5.25 million -- after which a 40% tax was assessed. Opposite-sex couples have never been subject to that tax.

Joshua Hatfield Charles and Dixon Charles, from Rockville, Md., were married five years ago. They paid more than $8,000 for attorneys and accountants to help avoid a huge gift tax for transferring assets to each other. If DOMA hadn't been overturned, they estimate they would have spent another $7,000 to $9,000 on legal fees and taxes.

Same-sex couples who divorce can also be subject to the federal gift tax when dividing assets.

Related: Which states allow same-sex marriage?

Health insurance: Some couples also pay extra income tax on the medical benefits one partner receives through the other's health insurance plan.

The Emery-Blacks, for example, will save at least $1,000 in income tax per year by not paying tax on these spousal benefits.

Meanwhile, many federal employees will likely be granted spousal benefits like partner health insurance.

For Joanne Pedersen, a retired federal employee from Connecticut, the ruling could mean that her retirement plan will finally extend health benefits to her wife, Ann Meitzen. It would be a big boost: Meitzen suffers from lung illnesses and spends half of her monthly Social Security benefits on medical expenses.

"Financially we're not doing great," said Pedersen, now 59. "We were looking forward to a nice retirement where we would both be doing well, but that's not happening."

Death benefits: Same-sex couples will now be eligible for the same federal tax treatment and Social Security benefits as opposite-sex couples in the event that one spouse passes away.

This means a surviving spouse will be eligible for Social Security survivors benefits and will be exempt from the 40% federal estate tax on assets exceeding $5.25 million.

Related: The high cost of same-sex divorce

What the decision doesn't do: While many of the specifics of the Supreme Court's ruling are still fuzzy, it appears that couples must be married at a state level for all of these federal benefits to apply -- meaning domestic partnerships and civil unions don't qualify, Young said.

It's also unclear whether federal benefits will apply to same-sex couples who marry in a state where same-sex marriage is legal but move to a state where it's not recognized.

Currently, same-sex marriage is legal in 12 states and Washington, D.C., while seven states grant domestic partnerships and civil unions.

"[The Supreme Court is saying,] 'Yes, you can have these benefits, but up it's up to each state whether they are even going to recognize these couples in the first place,'" said Kyle Young, a financial advisor and vice president for Wells Fargo Advisors. "It's still going to leave us in the position where there's [still] a patchwork of marriage equality."

Twitter: @sajilpl

Court Overturns DOMA, Sidesteps Broad Gay Marriage Ruling

Plaintiff Edith Windsor,of New York, waves to supporters in front of the Supreme Court in Washington on Wednesday, after the court heard arguments on her Defense of Marriage Act (DOMA) case.

The Supreme Court issued rulings on two highly-anticipated cases on gay marriage today. By 5-4, it ruled the federal Defense of Marriage Act, which defines marriage as a union between one man and one woman, is unconstitutional.

But in a separate ruling, it declined to take on the broader issue of gay marriage. The court decided supporters of Prop 8, a 2008 ballot measure that outlawed same-sex marriages in the state, did not have standing to bring the case to the court.

NPR's Carrie Johnson explains: "By a holding of 5-4 with Chief Justice John Roberts in the majority, the Supreme Court rules the petitioners lack standing so the court avoids the underlying issues, remands and wipes away the decision by 9th Circuit Court of appeals, which means for now the lower court ruling invalidating California's Prop 8 stands."

That means gay marriages in California may resume but the ruling does not have a broader implication across the country.

The Defense of Marriage Act case is simpler. As SCOTUSblog reports, the court struck down the federal law because it denies same-sex couples the "equal liberty" guaranteed by the Fifth Amendment.

The 1996 Defense of Marriage Act, or DOMA, was signed into law by President Bill Clinton, barring federal recognition of same-sex marriages for purposes such as Social Security survivors' benefits, insurance benefits, immigration and tax filing.

Section 3 of the law defines marriage as "a legal union between one man and one woman as husband and wife" and a spouse as "a person of the opposite sex who is a husband or a wife." That provision had been struck down by eight lower courts before the Supreme Court's 5-4 ruling in United States v. Windsor
.
This decision means that legally married same-sex couples are now entitled to the same federal benefits as married opposite sex couples.

The majority opinion was written by Justice Anthony Kennedy and joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissented.

In Hollingsworth v. Perry
, Chief Justice Roberts was joined by Scalia, Ginsburg, Breyer and Kagan. Kennedy filed a dissent in which Thomas, Alito and Sotomayor joined.
SCOTUSblog has this "plain English" explanation of what happened in the Prop 8 case:

"After the two same-sex couples filed their challenge to Proposition 8 in federal court in California, the California government officials who would normally have defended the law in court, declined to do so. So the proponents of Proposition 8 stepped in to defend the law, and the California Supreme Court (in response to a request by the lower court) ruled that they could do so under state law. But today the Supreme Court held that the proponents do not have the legal right to defend the law in court. As a result, it held, the decision by the U.S. Court of Appeals for the Ninth Circuit, the intermediate appellate court, has no legal force, and it sent the case back to that court with instructions for it to dismiss the case."

Update at 11:37 a.m. ET. 'An Exalted Conception':

In his dissent in the DOMA case, Scalia basically argued the people should be allowed to rule themselves. He writes:

"This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today's opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court's errors on both points spring forth from the same diseases root: an exalted conception of the role of this institution in America."

Update at 11:29 a.m. ET. Equal Protection:

The majority opinion in the DOMA case is worth noting. Korva has been sifting through it and of note is that Justice Kennedy wrote his opinion saying DOMA violates the Constitution's equal protection clause.

He writes quoting Dept. of Agriculture v. Moreno:

"DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government. The Constitution's guarantee of equality 'must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot' justify disparate treatment of that group."

Kennedy goes on:

"DOMA writes inequality into the entire United States Code. The particular case at hand concerns the estate tax, but DOMA is more than a simple determination of what should or should not be allowed as an estate tax refund. Among the over 1,000 statutes and numerous federal regulations that DOMA controls are laws pertaining to Social Security, housing, taxes, criminal sanctions, copyright, and veterans' benefits. DOMA's principal effect is to identify a subset of state-sanctioned marriages and make them unequal. The principal purpose is to impose inequality, not for other reasons like governmental efficiency.

"DOMA's unusual deviation from the usual tradition of recognizing and accepting state definitions of marriage here operates to deprive same-sex couples of the benefits and responsibilities that come with the federal recognition of their marriages. This is strong evidence of a law having the purpose and effect of disapproval of that class. The avowed purpose and practical effect of the law here in question are to impose a disadvantage, a separate status and so a stigma upon all who enter into same-sex marriages made lawful by the unquestioned authority of the States."

Update at 11:10 a.m. ET. 'Immense Victory':

Legal scholar Jeffrey Toobin tells CNN that the DOMA case is an "immense victory" for proponents of gay marriage.

On Prop 8, Toobin said, the court did not go as far as they may have liked.

"The court could have said all 50 states should have gay marriage," Toobin said. They didn't but it "certainly looks like the court may be moving in that direction."

Update at 10:50 a.m. ET. The Law Of The Land:

David Boies, one of the attorneys fighting Prop 8 in the Supreme Court, said this was a victory.

On the steps of the Court, he said in Hollingsworth v. Perry, the court could not get to the merits of the case. But the DOMA case made it clear that the court would agree that banning gay marriage is a violation of the constitution.

"When that case comes," Boies said, "marriage equality will be the law of the land."

 

Supreme Court Expected To Issue Historic Rulings On Gay Marriage

Gay rights activist Vin Testa of DC waves a flag outside the U.S. Supreme Court building on Tuesday in Washington, DC.
Gay rights activist Vin Testa of DC waves a flag outside the U.S. Supreme Court building on Tuesday in Washington, DC.

We're expecting history this morning. To cap off what's already been an extraordinary and dramatic 2012 term that brought rulings on affirmative action and voting rights, the Supreme Court is expected to hand down two rulings today that could shape the future of same-sex marriage in the country.

NPR's Nina Totenberg wrapped up the two cases like this for our Newscast unit:

"One case tests the federal defense of marriage act, known as DOMA. The law bars federal benefits to same sex couples who are married in states where such unions are legal. Those challenging the law contend that it unconstitutionally denies them the equal protection of the law and that it also violates the Constitution by refusing to recognize state endorsed legal marriages. The second case, from California, is an outright challenge to state laws that bar same sex marriage. Same sex couples are challenging California's ban as a denial of their constiutional right to equal treatment."

The cases are United States v. Windsor
and Hollingsworth v. Perry. The court is expected to begin handing down decisions at 10 a.m. ET. Below, we've embedded live coverage from our friends at SCOTUSblog. They'll start sending dispatches at around 9 a.m. ET.
 

Supreme Court Will Rule on Same-Sex Marriage on Wednesday

Same-sex marriage supporters outside the Supreme Court

U.S. Supreme Court Justice John Roberts has announced that the remaining opinions of the current term will be released on Wednesday at 10 a.m. EST. As a result, two eagerly awaited rulings on same-sex marriage will be delivered tomorrow.

In a week that has seen the high court direct lower courts to exercise more scrutiny toward affirmative action programs, strike down an important provision of the Voting Rights Act and toughen the standards by which labor lawsuits are brought, the justices' opinions on the constitutionality of restrictions on gay marriage have been left until the final day.

In March, the Supreme Court heard arguments in two same-sex-marriage cases. Hollingsworth v. Perry challenges the constitutionality of California's Proposition 8, a 2008 ballot measure that enacted changes to the state's constitution to say that "only marriage between a man and a woman is valid or recognized in California." United States v. Windsor considers the constitutionality of Section 3 of the Defense of Marriage Act, which restricts federal marriage benefits to same-sex couples.

STORY: Supreme Court Bans Patenting of Breast Cancer Gene Publicized by Angelina Jolie

Based on who has and hasn't delivered opinions thus far this term, it's speculated by some legal commentators that Justice Roberts and Justice Anthony Kennedy are most likely to be writing the majority opinions in the marriage cases.

The suspense and buildup to the final day will make for another early morning in California, where citizens await the fate of Prop 8.

It will also give the cable news networks a chance to lead into Supreme Court coverage. Today, MSNBC was the first to break in with news of the rulings.

The blow to the section of the Voting Rights Act that dealt with subjecting jurisdictions to preclearance, thus making it tougher to enforce the 1960s civil rights law, is a leading story for most of the major news outlets today.

STORY: Supreme Court's Defense of Marriage Act Hearing: What Hollywood Is Saying

President Obama released a statement saying he was "deeply disappointed" with the Court's decision in the Voting Rights Act case.

"For nearly 50 years, the Voting Rights Act – enacted and repeatedly renewed by wide bipartisan majorities in Congress – has helped secure the right to vote for millions of Americans.  Today’s decision invalidating one of its core provisions upsets decades of well-established practices that help make sure voting is fair, especially in places where voting discrimination has been historically prevalent," he said.

"As a nation, we’ve made a great deal of progress towards guaranteeing every American the right to vote. But, as the Supreme Court recognized, voting discrimination still exists. And while today’s decision is a setback, it doesn’t represent the end of our efforts to end voting discrimination. I am calling on Congress to pass legislation to ensure every American has equal access to the polls. My Administration will continue to do everything in its power to ensure a fair and equal voting process."

 

Supreme Court Will Rule on Same-Sex Marriage on Wednesday

Same-sex marriage supporters outside the Supreme Court

U.S. Supreme Court Justice John Roberts has announced that the remaining opinions of the current term will be released on Wednesday at 10 a.m. EST. As a result, two eagerly awaited rulings on same-sex marriage will be delivered tomorrow.

In a week that has seen the high court direct lower courts to exercise more scrutiny toward affirmative action programs, strike down an important provision of the Voting Rights Act and toughen the standards by which labor lawsuits are brought, the justices' opinions on the constitutionality of restrictions on gay marriage have been left until the final day.

In March, the Supreme Court heard arguments in two same-sex-marriage cases. Hollingsworth v. Perry challenges the constitutionality of California's Proposition 8, a 2008 ballot measure that enacted changes to the state's constitution to say that "only marriage between a man and a woman is valid or recognized in California." United States v. Windsor considers the constitutionality of Section 3 of the Defense of Marriage Act, which restricts federal marriage benefits to same-sex couples.

STORY: Supreme Court Bans Patenting of Breast Cancer Gene Publicized by Angelina Jolie

Based on who has and hasn't delivered opinions thus far this term, it's speculated by some legal commentators that Justice Roberts and Justice Anthony Kennedy are most likely to be writing the majority opinions in the marriage cases.

The suspense and buildup to the final day will make for another early morning in California, where citizens await the fate of Prop 8.

It will also give the cable news networks a chance to lead into Supreme Court coverage. Today, MSNBC was the first to break in with news of the rulings.

The blow to the section of the Voting Rights Act that dealt with subjecting jurisdictions to preclearance, thus making it tougher to enforce the 1960s civil rights law, is a leading story for most of the major news outlets today.

STORY: Supreme Court's Defense of Marriage Act Hearing: What Hollywood Is Saying

President Obama released a statement saying he was "deeply disappointed" with the Court's decision in the Voting Rights Act case.

"For nearly 50 years, the Voting Rights Act – enacted and repeatedly renewed by wide bipartisan majorities in Congress – has helped secure the right to vote for millions of Americans.  Today’s decision invalidating one of its core provisions upsets decades of well-established practices that help make sure voting is fair, especially in places where voting discrimination has been historically prevalent," he said.

"As a nation, we’ve made a great deal of progress towards guaranteeing every American the right to vote. But, as the Supreme Court recognized, voting discrimination still exists. And while today’s decision is a setback, it doesn’t represent the end of our efforts to end voting discrimination. I am calling on Congress to pass legislation to ensure every American has equal access to the polls. My Administration will continue to do everything in its power to ensure a fair and equal voting process."

 

Zachary Quinto Hopes Supreme Court's Same-Sex Marriage Rulings are 'a Galvanizing Moment'

Ahead of the Supreme Court's planned rulings on two same-sex marriage cases, Star Trek's Zachary Quinto is cautiously optimistic.

"We'll see what happens," Quinto tells The Hollywood Reporter. "I'm certainly not going to hazard against it to say what happens, but I hope it's a galvanizing moment, and I'm hopeful that [same-sex marriage] will be supported and we'll continue to move forward."

Quinto added that he believes a change is coming, regardless of Wednesday's Supreme Court decisions.

"I think no matter what happens, it's an unstoppable wave at this point, and I've said that before because I really believe it," he said.

"[Acceptance] might take longer, and it might not happen tomorrow, but it will happen. Whether that means individually, state by state, or by a sweeping decision, that remains to be seen, but I'll still do everything I can to fight for and support it and advocate it, and that's all I can do."

Quinto came out as a gay man ahead of the release of his financial drama Margin Call.

STORY: Supreme Court Will Rule on Same-Sex Marriage on Wednesday

He revealed his sexual orientation after completing an eight-month run in Angels in America and after already speaking out on gay-rights issues.

"As a gay man, [that role] made me feel like there’s still so much work to be done, and there’s still so many things that need to be looked at and addressed," Quinto said in New York magazine.

STORY: Supreme Court's Defense of Marriage Act Hearing: What Hollywood Is Saying

He later said that violence against gay teenagers compelled him to be honest about his own sexual orientation.

"It became clear to me in an instant that living a gay life without publicly acknowledging it is simply not enough to make any significant contribution to the immense work that lies ahead on the road to complete equality," Quinto wrote in a blog post on his website. "Our society needs to recognize the unstoppable momentum toward unequivocal civil equality for every gay lesbian bisexual and transgendered citizen of this country. Gay kids need to stop killing themselves because they are made to feel worthless by cruel and relentless bullying. … We are witnessing an enormous shift of collective consciousness throughout the world. We are at the precipice of great transformation within our culture and government. I believe in the power of intention to change the landscape of our society, and it is my intention to live an authentic life of compassion and integrity and action."

 

'American Idiot' Actor Joins Stephen King Adaptation 'A Good Marriage'

Rising actor Theo Stockman has joined Joan Allen and Anthony LaPaglia in A Good Marriage, the indie adaptation of Stephen King’s 2010 novella.

The movie, currently in production, is being directed by Peter Askin and sees Allen play a woman named Darcy, who discovers the sinister and gruesome double life that her husband and the father of their two children, played by LaPaglia, has been living.

PHOTOS: 11 Biggest Book-to-Big Screen Adaptations of the Last 25 Years

Stockman is playing their son, a man who made a name for himself in the advertising world and is enjoying his newfound success.

King wrote the screenplay.

Stockman has appeared in shows such as Blue Bloods, Private Practice, CSI, Nurse Jackie and 30 Rock. He also appeared in Broadway productions of American Idiot and Hair.

He is repped by APA and Gregory Russell at Regarding Entertainment.