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The Supreme Court hears arguments Wednesday on the constitutionality of the Defense of Marriage Act, which denies federal recognition and benefits for same-sex couples. The case involves a woman charged a hefty estate tax when her spouse died, which she would not have owed if her spouse had been a man.
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Mara Liasson joins talks to Audie Cornish about the politics of Tuesday's court argument on gay marriage. Public opinion has shifted rapidly in favor on the issue, and the Supreme Court decision this summer on whether states can ban same-sex marriage and whether federal benefits should flow to same sex partners promise to roil the water again.
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How the Supreme Court decides the Defense of Marriage Act could mean changes for how same-sex couples file taxes. But experts say checking off the "married" box on tax forms will be a mixed bag for some gay couples.
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The justices on Tuesday hear a case that stems from a constitutional challenge to the California ban on same-sex marriage that was enacted by voter initiative in 2008. And on Wednesday, the court hears a challenge to the federal law that bars the U.S. government from recognizing gay marriages.
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When the Defense of Marriage Act passed in 1996, it had strong bipartisan support. All of the 15 sitting Democrats who voted for it are now against it. But so far, Sen. Rob Portman is the only current Republican Senator to change his mind.
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Times were different when he signed the law in 1996, the former president writes in The Washington Post. Today, he says, the act that defines marriage as between a man and a woman discriminates against same-sex couples who have become legally married.
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Google, Apple, Facebook and other big names are wading into the same-sex-marriage debate, which will come before the Supreme Court next month. They argue the federal government's ban on recognizing gay unions causes "unnecessary cost and administrative complexity."
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It argues that a portion of the Defense of Marriage Act is unconstitutional. Specifically, the administration points to a section that denies married same-sex couples access to federal benefits enjoyed by heterosexual couples.
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By the end of this month, the federal government is expected to file briefs in a pair of same-sex marriage cases before the U.S. Supreme Court. One case poses questions so difficult that the president himself is expected to make the final decision on what arguments the Justice Department will make.
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The U.S. Supreme Court announced Friday that for the first time it will tackle the issue of same-sex marriage. Defying most expectations, the justices said they will examine two cases, presenting the possibility that the court could decide all the basic issues surrounding gay marriage in one fell swoop.