The Associated Press
The Supreme Court was indicating Wednesday it could strike down the law that prevents legally married gay couples from receiving a range of federal benefits that go to married people.
Justice Anthony Kennedy, often the decisive vote in a divided court, joined the four more liberal justices Wednesday in raising questions about the provision of the federal Defense of Marriage Act that is being challenged at the Supreme Court.
Kennedy said the law appears to intrude on the power of states that have chosen to recognize same-sex marriages. Other justices said the law creates what Justice Ruth Bader Ginsburg called two classes of marriage.
The federal law affects a range of benefits available to married couples, including tax breaks, survivor benefits and health insurance for spouses of federal employees.
Lower federal courts have struck down the section of the law that defines marriage as being between one man and one woman, and now the justices, in nearly two hours of scheduled argument, were considering whether to follow suit.
In 2011, the Obama administration abandoned its defense of the law but continues to enforce it. President Barack Obama declared his support for gay marriage during last year’s presidential election campaign.
It still is possible the court could dismiss the case for procedural reasons, though that prospect seemed less likely than it did in Tuesday’s argument over a voter-approved gay marriage ban in California.
