WASHINGTON — The Supreme Court will take up California’s ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as straight Americans.
The justices yesterday said they would review a federal appeals court ruling that struck down the state’s gay-marriage ban, Proposition 8, though on narrow grounds.
The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California’s Supreme Court.
The court will also decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people.
A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples. The cases probably will be argued in March, with decisions expected by late June.
Gay marriage is legal or will be soon in nine states.
Federal courts in California have struck down the state’s constitutional ban on same-sex marriage, but that ruling has not taken effect while the issue is being appealed.
Voters in Maine, Maryland and Washington approved gay marriage in last month’s voting.
But 31 states have amended their constitutions to prohibit same-sex marriage. A decision in favor of gay marriage could effectively set a national rule and overturn every state-constitutional provision and law banning same-sex marriage.