By MINDY PEARLESTEIN
WASHINGTON — In a pair of major victories for the gay rights movement, the Supreme Court on Wednesday ruled that married same-sex couples were entitled to federal benefits and, by declining to decide a case from California, effectively allows same-sex marriages there and in other jurisdictions.
The rulings surprised most legal observers, but perhaps the biggest surprise came after Justice Scalia finished reading his dissent from the bench. Justices Elena Kagan and Sonia Sotomayor walked to the front of the other Justices near the attorney lecterns, embraced and kissed each other firmly on their lips.
The implication was quite clear to all in the courtroom. All seven other justices – including Justice Scalia – stood, applauded and smiled warmly. Justice Breyer even wiped a tear from his cheek. Justice Kagan and Sotomayor will soon be the first married justices on the Supreme Court in its history.
A press release issued only 30 minutes later confirmed that Justices Kagan and Sotomayor will be married in September at St. Johns Church in Lafayette Square. Justice Ginsburg will officiate. “It gives the Justices great pleasure to know that their own commitment to the law has blessed them with the right of their matrimony,” the press release said.
Supreme Court correspondent for National Public Radio Nina Totenbagger said there have been murmuring in Washingon for years about the two newest – and single – justices. “Washingtonians have spotted the two of them dining together and walking together for years,” said Totenbagger. “Maybe on some level we saw this coming.”
While silent on the bench, conservative Justice Clarence Thomas has spoken to the media more openly of late and offered his own comments on the pending gay marriage of two Supreme Court Justices. “We’re all happy for them especially after seeing how they look at each other with them goo-goo eyes,” he said. “Does our right to privacy apply to just condoms or also extend to sexual accoutrements, I don’t remember?” he quipped. “You’d better ask Scalia!” shot back a reporter. “You ask him… I’m afraid to talk to him right now,” said Justice Thomas.