Supreme Court Hears Arguments in Historic Gay Marriage Case

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This week the Supreme Court began its historic consideration into the federal legality of gay marriage. The nine justices are attempting to decide whether or not the Constitution’s Due Process and Equal Protection clauses give same-sex couples marriage rights. Currently 37 states have laws permitting same-sex marriage, but a ruling from the court in favor of the challengers would make gay marriage legal in rest of the states.

Even though the court’s decision won’t be announced until June, people have already begun to categorize the justices in order to decide who could be the deciding factor in the case. The court’s four liberal judges appear to be ready to approve gay marriage, with moderate Justice Anthony M. Kennedy being declared the one to watch. Many are speculating that he’ll be the swing vote, like he’s been in the past. However people shouldn’t count conservative Chief Justice John Roberts out as a deciding factor. He was quoted yesterday in the court transcripts as saying,

I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t.  And the difference is based upon their different sex.  Why isn’t that a straightforward question of sexual discrimination?

Framing the legality of gay marriage in such a way may be convincing enough to move Roberts to vote with the liberal side of the court. 

The delay in a decision didn’t stop demonstrators from both sides of the argument from flooding the steps of the Supreme Court to share both support and opposition for a change in the way our country defines marriage.

Early crowds are to be expected in a landmark case of this magnitude. We can be sure to see even more people show up in June when the decision will be announced. As for now things are looking good for marriage equality supporters, but you never know which way the case could turn.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at



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