White House backs gay marriage in Supreme Court brief

WASHINGTON: US President Barack Obama's administration threw its weight behind gay marriage on Thursday, urging the Supreme Court to strike down California's ban on same-sex unions.

The court is set to examine the issue on March 26, when it will study the constitutionality of California's Proposition 8, a measure approved by a 2008 referendum that outlawed gay marriage in the most populous US state.

In a separate brief to the court concerning another case, the administration has asked justices to declare the 1996 Defense of Marriage Act -- a law that defines marriage as a union between a man and a woman -- unconstitutional.

The Justice Department filed the latest brief in support of moves to have the California measure overturned, arguing that it violates the 14th Amendment to the Constitution that guarantees citizens equal rights.

"The government seeks to vindicate the defining constitutional ideal of equal treatment under the law," Attorney General Eric Holder said in a statement.

"Throughout history, we have seen the unjust consequences of decisions and policies rooted in discrimination," he warned.

"The issues before the Supreme Court in this case... are not just important to the tens of thousands of Americans who are being denied equal benefits and rights under our laws, but to our nation as a whole."

The filing by Solicitor General Donald Verrilli is more narrowly focused on the California ban, and does not seek a ruling that would apply nationwide.

The administration's brief noted that seven other states -- Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island -- have measures that grant same-sex couples rights similar to those of married couples, while restricting marriage to heterosexual unions.

Those states would be affected by the California ruling.

The California law "provides to same-sex couples registered as domestic partners all the legal incidents of marriage, but it nonetheless denies them the designation of marriage, Verrilli wrote.

Therefore, "the exclusion of gay and lesbian couples from marriage does not substantially further any important governmental interest," he added.

Gay marriage opponents have seized upon the same similarities to claim there is no discrimination, saying California provides essentially the same rights and obligations of marriage to same-sex domestic partners.

Nine states and the US capital Washington currently allow gay marriage. The states include Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont and Washington.

The federal government is not a party in the case, but its friend-of-the-court brief marked a victory for gay rights groups challenging the California law.

The White House's support had been expected since Obama shifted his stance on the same-sex marriage question before his re-election last year.

"President Obama and the solicitor general have taken another historic step forward consistent with the great civil rights battles of our nation's history," said Chad Griffin, head of Human Rights Campaign, a gay rights group.

"The president has turned the inspirational words of his second inaugural address into concrete action by urging our nation's highest court to put an end to discrimination against loving, committed gay and lesbian couples."

Obama last month made the first-ever direct reference to gay rights in an inaugural address, saying: "Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law.

"For if we are truly created equal, then surely the love we commit to one another must be equal as well."

- AFP/ck

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Manning pleads guilty in WikiLeaks case

(CBS News) WASHINGTON - In a surprise Thursday, Army Pfc. Bradley Manning pleaded guilty to ten criminal counts in the biggest leak of classified material in U.S. history. Manning sent files to the website Wikileaks. He still faces trial on more serious charges.

Along with the guilty pleas, Manning gave his first detailed explanation of why he did it.

Reading from a 35-page statement, the Army private said he wanted the world to know the truth about the wars in Iraq and Afghanistan.

Depressed and frustrated by the wars, he used his job as a low-ranking intelligence analyst in Baghdad to download onto a CD hundreds of thousands of classified documents -- pus a few videos, one of which depict a helicopter gunship attack that killed two journalists in Iraq, which he found "troubling" because it showed "delightful bloodlust."

Judge accepts Manning's guilty pleas in WikiLeaks case
Manning's sexual orientation discussed in court

Describing himself as a misfit in the military, Manning told the judge he first contacted The Washington Post but didn't think the reporter took him seriously; then called The New York Times' tip line but never heard back.

He was home on leave during a blizzard, which paralyzed Washington, and left him stranded at his aunt's house when he decided to send the material to WikiLeaks, the website which had a reputation for exposing secrets.

He included a brief note, ending with "Have a good day," and went back to Iraq with "a sense of relief" and "a clear conscience."

Despite pleading guilty to some of the charges, Manning still faces a court martial and possible life sentence for allegedly aiding the enemy.

Prosecution attorneys have said they intend to show that some of the leaked documents were found by Navy SEALs in their raid on Osama bin Laden's hideout. According to a military attorney, the prosecution does not have to prove Manning intended for the documents to end up in enemy hands -- only that he knew it might happen.

Manning testified that no one at WikiLeaks pressured him for more documents and that he knew what he did was wrong.

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Arias Recounts Each Moment of Stabbing, Slashing

Accused murderer Jodi Arias was forced to recount today each detail of how she killed her ex-boyfriend, Travis Alexander, including re-enacting how he allegedly tackled her when she shot him, leaving her crying in her hands on the witness stand.

During hours of dramatic cross-examination by prosecutor Juan Martinez, Arias bawled as he asked her about stabbing, slashing and shooting Alexander on June 4, 2008.

"You would acknowledge that Mr. Alexander was stabbed, and that the stabbing was with the knife, and it was after the shooting according to you, right?" Martinez said in rapid succession.

"Yes, I don't remember," Arias said, covering her face with her hands.

"Do you acknowledge the stab wounds, and we can count them together, were to the back of the head and the torso?" Martinez said, flashing a photo of Alexander's bloodied body onto the courtroom projector. " Do you want to take a look at the photo?"

Arias, burying her face in her hands and shutting her eyes on the stand, mumbled, "No."

Alexander's sisters, seated in the front row of the gallery, also looked away, crying.

Arias, 32, is accused of killing Alexander on June 4, 2008 out of jealousy. He was stabbed 27 times, his throat was slashed and he was shot in the head twice.

Arias claims she killed in self-defense after Alexander had become increasingly violent with her. She could face the death penalty if convicted.

Martinez also forced Arias to demonstrate in court today how she claims Alexander lunged at her "like a linebacker," causing her to fire the gun at him. The pair argued over how exactly Alexander was positioned, and Martinez pushed her to explain what she meant.

"He lunges at me like a linebacker," Arias said.

"Like a linebacker, what does that mean?" Martinez asked.

Jodi Arias Under Attack in Third Day of Cross-Examination Watch Video

Jodi Arias, Prosecutor Butt Heads in Cross-Examination Watch Video

Jodi Arias Maintains She 'Felt Like a Prostitute' Watch Video

"He was low. It was almost like he dove," she said, and trying to explain it further, added, "He was like a linebacker is the only way I can describe it unless I get up to act it out which I'd rather not do."

Catching Up on the Trial? Check Out ABC News' Jodi Arias Trial Coverage

Timeline of the Jodi Arias Trial

"Go ahead and do it," Martinez said. "Just stand. Go ahead."

Judge Sherry Stephens initially cleared the court as Arias demonstrated and then Martinez had her do it again after the jury and spectators were allowed back into the courtroom.

Standing and moving away from the witness box, Arias bent at the waist and spread out her arms and meekly made a slight lunging motion.

According to her testimony, Arias fired the gun as Alexander rushed at her, tackling her to the ground. She said she does not remember how she stabbed or slashed him.

It was a day of dramatics and anger as the prosecution pressed Arias on the details of the killing, with Martinez ending the afternoon of questioning by accusing Arias of lying throughout her direct testimony.

At one point Arias dissolved into tears, unable to answer pointed questions when shown a photo of Alexander's body lying crumpled in the bottom of the stall shower.

After a short pause, Martinez asked dryly, "Were you crying when you were shooting him?"

"I don't remember," Arias moaned.

"Were you crying when you stabbed him?" he said. "How about when you slashed his throat?"

"I don't remember, I don't know."

Martinez pressed on, "You're the one that did this right? And lied about all this right?"

"Yes."

"So then take a look at it," he barked.

Arias did not answer Martinez's question, crying into her hands instead. The judge, after a moment, called for the lunch recess to take a break from the testimony. Arias' attorney walked over and consoled her, telling her to "take a moment."

Until that moment, Arias had given vague answers to Martinez as he asked about the hours leading up to the murder. Arias, 32, has testified that she drove to Alexander's house on June 4, 2008, for a sexual liaison, that she had sex with Alexander and the pair took nude photos before an explosive confrontation ended with her killing him. She claims she doesn't remember stabbing Alexander, but insists it was in self-defense.

Martinez questioned her claims, asking exactly what they argued about and who encouraged whom to take the nude photos. He pointed out that Arias told Detective Esteban Flores of the Mesa police department that she had to convince Alexander to take the nude photos in the shower, but that she testified on the stand that Alexander had wanted them.

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Quantum skyfall puts Einstein's gravity to the test

DIVIDING a falling cloud of frozen atoms sounds like an exotic weather experiment. In fact, it's the latest way to probe whether tiny objects obey Einstein's theory of general relativity, our leading explanation for gravity.

General relativity is based on the equivalence principle, which says that in free fall, all objects fall at the same rate, whatever their mass, provided the only force at work is gravity. That has been proven for large objects: legend has it that Galileo did it first by dropping various balls from the Tower of Pisa. Whether equivalence holds at quantum scales, where gravity's effects are not well understood, isn't clear. Figuring it out could help create a quantum theory of gravity, one of the biggest goals of modern physics.

Creating a quantum equivalent of Galileo's test isn't easy. In 2010 a team led by Ernst Rasel of the University of Hannover in Germany monitored a quantum object in free fall, by tossing a Bose-Einstein condensate (BEC) – a cloud of chilled atoms that behaves as a single quantum object and so is both particle and wave – down a 110-metre tall tower. Now they have split and recombined the wave – all before the BEC, made of rubidium atoms, reached the bottom. This produces an interference pattern that records the path of the falling atoms and can be used to calculate their acceleration (Physical Review Letters, doi.org/km6). The next step is to do the same experiment on a different kind of atom, with a different mass, to see if the equivalence principle holds.

The BEC can only be split for 100 milliseconds in the tower before hitting the bottom, so to allow tiny differences between the atom types to emerge, the work must be repeated in space, where the waves can be split for longer. By showing that a matter-wave can be split and recombined while falling, Rasel's result is a "major step" towards the space version, says Charles Wang of the University of Aberdeen, UK.

This article appeared in print under the headline "Quantum skyfall tests Einstein's gravity"

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Japan says three Chinese ships in disputed waters

TOKYO: Japan's coastguard said three Chinese surveillance ships were in the territorial waters of disputed islands in the East China Sea on Thursday.

The three marine surveillance ships entered the 12-nautical-mile territorial zone off Uotsuri, one of the islands, shortly after 7:00 am (2200 GMT Wednesday), the Japan Coast Guard said in a statement.

Beijing claims the Japanese-controlled islands, called the Senkakus in Japan and Diaoyus in China.

The move was the latest in a series by Chinese government ships since Tokyo nationalised three islands in the chain in September, in what it said was merely an administrative change of ownership. The action sparked fierce protests in China.

- AFP/ck

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Supreme Court divided on Voting Rights Act

(CBS News) WASHINGTON -- The Voting Rights Act has been the law of the land for nearly half a century, helping to ensure that minorities are not denied the right to vote. On Wednesday, Shelby County, Ala., challenged the law at the Supreme Court.

The arguments sharply divided the justices: The court's conservative majority appeared poised to strike down at least part of the act and eliminate the current federal oversight of voting in the South.

At issue is a decades-old provision in the law that requires nine states, mostly in the South, to get approval from the federal government before changing voting laws or procedures.

Justice Antonin Scalia called it a "racial entitlement."

Chief Justice John Roberts asked if the government believed "the citizens in the South are more racist than citizens in the North." Roberts said current data on voter turnout revealed more problems in Massachusetts than in Mississippi.

Congress did not rely on current data when, in 2006, it reauthorized the Voting Rights Act. It continued to rely on rates of minority voter registration and turnout in the elections of 1964, 1968 and 1972.

Will the Voting Rights Act survive the Supreme Court?
Proposed changes to Voting Rights Act stir controversy in Alabama

Alabama attorney Frank Ellis said Congress should look at the modern-day South.

Frank Ellis

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CBS News

"We ask for some recognition that we and these other converted jurisdictions have made great strides over the last 48 years," Ellis said.

The liberal justices strongly defended the law, saying Congress had thousands of pages of evidence documenting discrimination.

"Discrimination is discrimination, and what Congress said is it continues," Justice Sonia Sotomayor said.

Justice Stephen Breyer said, "The disease is still there ... it's gotten a lot better, a lot better, but it's still there."

Debo Adegbile

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CBS News

That's why civil rights attorney Debo Adegbile said the provision is as necessary today as a generation ago.

"The problems are much more serious, much more repetitive, there is a much greater continuity in certain places than others," Adegbile said.

The liberal justices -- and the Obama administration -- say the court should defer to Congress, which they say is was better situated to make judgments about discrimination in voting. But based on the arguments today, it does appear a majority of the conservative judges are ready to tell Congress it's going to have to make some changes in that law.

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Arias Prosecutor Too Combative, Experts Say

He has barked, yelled, been sarcastic and demanded answers from accused murderer Jodi Arias this week.

And in doing so, prosecutor Juan Martinez and his aggressive antics may be turning off the jury he is hoping to convince that Arias killed her ex-boyfriend Travis Alexander in June 2008, experts told ABCNews.com today.

"Martinez is his own worst enemy," Mel McDonald, a prominent Phoenix defense attorney and former judge, told ABC News. "He takes it to the point where it's ad nauseam. You have difficulty recognizing when he's driving the point home because he's always angry and pushy and pacing around the courtroom. He loses the effectiveness, rather than build it up."

"He's like a rabid dog and believes you've got to go to everybody's throat," he said.

"If they convict her and give her death, they do it in spite of Juan, not because of him," McDonald added.

Martinez's needling style was on display again today as he pestered Arias to admit that she willingly participated in kinky sex with Alexander, though she previously testified that she only succumbed to his erotic fantasies to please him.

Arias, now 32, and Alexander, who was 27 at the time of his death, dated for a year and continued to sleep together for another year following their break-up.

Arias drove to his house in Mesa, Ariz., in June 2008, had sex with him, they took nude photos together and she killed him in his shower. She claims it was in self-defense. If convicted, Arias could face the death penalty.

Jodi Arias, Prosecutor Butt Heads in Cross-Examination Watch Video

Jodi Arias Maintains She 'Felt Like a Prostitute' Watch Video

Jodi Arias Admits to Killing Man, Lying to Police Watch Video

Martinez also attempted to point out inconsistencies in her story of the killing, bickering with her over details about her journey from Yreka, Calif., to Mesa, Ariz., including why she borrowed gas cans from an ex-boyfriend, when she allegedly took naps and got lost while driving, and why she spontaneously decided to visit Alexander at his home in Mesa for a sexual liaison.

"I want to know what you're talking about," Arias said to Martinez at one point.

"No, I'm asking you," he yelled.

Later, he bellowed, "Am I asking you if you're telling the truth?"

"I don't know," Arias said, firing back at him. "Are you?"

During three days of cross examining Arias this week, Martinez has spent hours going back and forth with the defendant over word choice, her memory, and her answers to his questions.

"Everyone who takes witness stand for defense is an enemy," McDonald said. "He prides himself on being able to work by rarely referring to his notes, but what he's giving up in that is that there's so much time he wastes on stupid comments. A lot of what I've heard is utterly objectionable."

Martinez's behavior has spurred frequent objections of "witness badgering" from Arias' attorney Kirk Nurmi, who at one point Tuesday stood up in court and appealed to the judge to have a conference with all of the attorneys before questioning continued. Judge Sherry Stephens at one point admonished Martinez and Arias for speaking over one another.

Andy Hill, a former spokesperson for the Phoenix police department, and Steven Pitt, a forensic psychiatrist who has testified as an expert witness at many trials in the Phoenix area, both said that despite his aggressive style, Martinez would likely succeed in obtaining a guilty verdict.

"When it comes to cross examination, one size does not fit all," said Pitt. "But if you set aside the incessant sparring, what the prosecutor I believe is effectively doing is pointing out the various inconsistencies in the defendant's version of events."

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Newly spotted comet to buzz Mars in 2014

Lisa Grossman, physical sciences reporter

A Martian sunset, as seen by NASA's Spirit rover in 2005.
(Image: Mars Exploration Rover Mission, Texas A&M, Cornell, JPL, NASA)

There's a new comet in town, and it is making a beeline for Mars. If projections of its orbit are correct, the icy visitor will buzz the Red Planet in October 2014.

Dubbed C/2013 A1, the comet was discovered on 3 January by prolific comet hunter Robert McNaught at Siding Spring Observatory in New South Wales, Australia. Colleagues at the Catalina Sky Survey in Arizona found images of the comet in their catalogue that date back to 8 December 2012, giving additional information about its movements.

These observations allowed astronomers to trace the comet's likely path around the sun. The calculated trajectory has C/2013 A1 crossing Mars' orbit on 19 October 2014, according to Australian blogger Ian Musgrave.

That doesn't necessarily mean a collision will occur. The best estimates right now have the comet passing a safe distance of 900,000 kilometres from the Martian surface. Asteroid 2012 DA14 got much closer to Earth last week, skimming by at a distance of 34,400 kilometres. But with so little data in hand, the calculations are not precise. It's possible the comet will miss Mars by as much as 36 million kilometres - or it could smack right into the planet. "An impact can't be ruled out at this stage," Musgrave wrote.

From Earth, we should be able to see the comet and Mars sitting side by side through small telescopes. And from Mars, the comet could be as spectacular as the expected "supercomet" ISON, which will come into view this year and could outshine the full moon.

Assuming the comet's orbit brings it close enough - but not too close - to Mars, the object should be visible either by rovers on the surface or the armada of Mars-orbiting satellites, which have a history of snapping spectacular shots of the Red Planet and its neighborhood.

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