In the wake of the Supreme Court arguments Wednesday on the Defense of Marriage Act, same-sex marriage supporters have reason to be optimistic. Known as DOMA, the law bars federal benefits for legally married same-sex couples, even though those same benefits are automatically given to heterosexual married couples.
The Supreme Court heard oral arguments Wednesday in a case challenging whether the 1996 Defense of Marriage Act (DOMA) means the federal government can deny marriage benefits to same sex couples in states that allow gay marriage. Same-sex couples had reason to be optimistic afterward. Assuming the court can overcome procedural concerns, it looked as if a majority of justices was ready to strike down DOMA.
NPR's Nina Totenberg: On what happens if the court declines to decide.
(We most recently updated the top of this post at 1:45 p.m. ET.)
There seem to be four solid votes on the Supreme Court — and possibly a fifth — to strike down the Defense of Marriage Act that bars federal recognition of same-sex marriages, NPR's Nina Totenberg told us after Wednesday's oral arguments before the nine justices.
But there's a big "if."
As in: There's possibly a 5-vote majority to strike down the law if the court first decides it should even issue an opinion.