Bob Egelko, Chronicle Staff Writer
Saturday, October 15, 2011
(10-14) 17:51 PDT SAN FRANCISCO -- With more than half of Americans in a recent poll accepting same-sex marriage, gays and lesbians need no judicial protection from laws passed by Congress, House Republicans argued Friday in a San Francisco court in defense of a law denying federal benefits to same-sex spouses.
"Homosexuals have a great deal of political power" and are not entitled to the safeguards that courts have established for laws that discriminate against racial minorities or women, attorney Paul Clement said in a filing supporting the Defense of Marriage Act.
The 1996 law bars federal benefits, such as joint tax filings, Social Security survivor payments and immigration sponsorship, to same-sex couples legally married in their states.
House Speaker John Boehner chose Clement, a former U.S. solicitor general, to take over the defense in a series of pending Defense of Marriage Act cases after President Obama announced in February that he considered the law unconstitutional and would no longer defend it.
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