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High Court Strikes Down Federal Marriage Provision

Win McNamee, Getty Images

WASHINGTON (AP) — The Supreme Court says legally married same-sex couples should get the same federal benefits as heterosexual couples.

The court invalidated a provision of the federal Defense of Marriage Act Wednesday that has prevented married gay couples from receiving a range of tax, health and retirement benefits that are generally available to married people.

The vote was 5-4.

In a separate ruling, the Supreme Court has cleared the way for same-sex marriage in California by holding that defenders of California’s gay marriage ban did not have the right to appeal lower court rulings striking down the ban.

The court’s 5-4 vote Wednesday leaves in place the initial trial court declaration that the ban is unconstitutional. California officials probably will rely on that ruling to allow the resumption of same-sex unions in about a month’s time.

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