The US Supreme
Court has entered into the debate on gay marriage for the first time.
It agreed on
Friday to review two challenges to federal and state laws that define marriage
as a union between a man and a woman.
The country's
highest court decided to review a case against a federal law that denies
married same-sex couples the federal benefits heterosexual couples receive.
It also
unexpectedly took up a challenge to California's ban on gay marriage, known as
Proposition 8, which voters narrowly approved in 2008.
Same-sex marriage
is a politically charged issue in a country where 31 of the 50 states have
passed constitutional
amendments banning
it, while Washington, DC, and nine states have legalised it, three of them on
Election Day last month.
The tide of public
opinion has been shifting in favour of allowing same-sex marriage.
In May, President
Barack Obama became the first US president to say he believed same-sex couples
should be allowed to get married.
A Pew Research
Center survey from October found 49 percent of Americans favoured allowing gay
marriage, with 40 percent opposed.
Equal protections
Yet even where it
is legal, married same-sex couples do not qualify for a host of federal
benefits because the 1996 Defence of Marriage Act, or DOMA, passed by Congress,
recognises only marriages between a man and a woman.
Gays and lesbians
married under state laws have filed suits challenging their denial of such
benefits as Social Security survivor payments and the right to file joint
federal tax returns.
They argue the
provision, known as Section 3, violates equal protection provisions of the US
Constitution.
Meeting in private
on Friday at their last weekly conference before the court's holiday recess,
the justices considered requests to review seven cases dealing with same-sex
relationships.
Five of them were
challenges to the federal marriage law, one to California's gay marriage ban
and another to an Arizona law against domestic partner benefits.
The court had been
widely expected to take up at least one of the challenges to the federal
marriage law, given that two federal appeals courts had found the law
unconstitutional. Less clear was what the court would do with the California
gay marriage ban.
"Taking both
a states' rights case like Prop 8, and a case involving Congress' authority in
the DOMA ... suggests that the court is ready to take on the entire issue, not
just piecemeal it," said Andrew Pugno, a lawyer for the individuals
defending California's gay marriage ban.