WASHINGTON — The Supreme Court ruled Wednesday that legally married same-sex couples should get the same federal benefits as heterosexual couples while also clearing the way for same-sex marriage in California.
The court first invalidated a provision of the federal Defense of Marriage Act 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.
Justice Anthony Kennedy wrote the majority opinion.
Same-sex marriage has been adopted by 12 states and the District of Columbia. Another 18,000 couples were married in California during a brief period when same-sex unions were legal there.
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Minutes after issuing the DOMA ruling the court decided 5-4 that that defenders of California’s gay marriage ban, which was added to the state’s constitution through Proposition 8 in 2008, did not have the right to appeal lower court rulings striking down the ban.
The decision by the court to not take up the case 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.