The US Supreme Court Wednesday heard arguments on whether a provision limiting federal benefits under the Defense of Marriage Act is constitutional.
Many believe the question boils down to whether justices believe gay marriage is a civil rights issue, including Greg Nevins, an Atlanta-based attorney with national LGBT legal rights group Lambda Legal. Even so, Nevins believes the deciding vote will come from Justice Anthony Kennedy, who views the issue as more of a states’ rights case.
“The idea that the federal government would say, ‘Well, no, we realize you file your income tax returns as married, but we’re not going to let you do that.’ They just don’t do that for other people.”
Nevins says the court is unlikely to stand behind a law that’s applied differently to select groups of people.
In an interview with MSNBC, Congressman John Lewis, an Atlanta Democrat, also said the court is deciding a civil rights question.
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