Supreme Court To Rule on Marriage Equality In 2015
As you can see, the Court limited the specific questions it is prepared to answer to the two core constitutional issues that have led to a long string of lower-court rulings striking down state bans.
1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?. and
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
As of now, same-sex marriages are allowed in thirty-six states, with bans remaining in the other fourteen but under court challenge.
Although the Court said explicitly that it was limiting review to the two basic questions, along the way the Justices may have to consider what constitutional tests they are going to apply to state bans, and what weight to give to policies that states will claim to justify one or the other of the bans.
The Court told the lawyers for same-sex couples to file their written briefs on the merits by February 27, and the lawyers for the states to file by March 27. Reply briefs by the couples’ lawyers are due on April 17.
The Court is scheduled to hold its final session of oral arguments from April 20 through 29, so the marriage equality case will be scheduled during that time.
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