The decision, expected in June, could finally put the issue to rest.
Arguments will be presented to the Supreme Court of the United States on Tuesday on whether the U.S. Constitution allows for the right to same-sex marriage. The two and a half hour session precedes an expected decision in June, potentially resolving one of the largest modern questions in constitutional law.
The court has previously been cautious in taking on the issue, communicating its desire not to get ahead of legal developments in various states, as well as public support. It now appears clear, however, that a clear decision will soon be handed down.
The number of states with gay-marriage legislation has mushroomed quite recently. In 2013, only 12 states and the District of Columbia allowed lesbian or gay couples to marry. At least 36 states now allow gay marriage and seventy percent of Americans now live in states which allow same-sex marriage.
The issue was forced upon the nine Supreme Court Justices after a split decision in November by the Sixth Circuit Court of Appeals in Cincinnati, Ohio approved of same-sex marriage bans in Michigan, Kentucky, Tennessee and Ohio. That court said that such laws – enacted by voters and legislators – are legitimate and judges should not decide such issues.
This will not be the first time the Supreme Court will have heard such a case. In 2013, the court ruled on Hollingsworth v. Perry but, because the Justices said the case was not properly presented , they did not rule on the main question before them, of whether same-sex marriage is allowed by the Constitution.
However, on the same day in June 2013, the court also struck down part of the Defense of Marriage Act, a law which banned benefits to federal employees in same-sex marriages in states where they were allowed. This left some question as to exactly where the Court stood on the issue.
Two arguments will be presented today. One will look at whether states are constitutionally requiredto provide marriage licenses to “two people of the same sex.” The other will examine whether same-sex marriages certified in one state must be recognized by another.
