Gay marriage debate
By Kaye Foley
The debate over gay marriage is approaching a critical juncture this summer. At the end of the month, the Supreme Court will rule on Obergefell v. Hodges, which asks whether same-sex couples have a constitutional right to marry.
This will be the second time in just over two years that a landmark ruling is expected on same-sex marriage. In 2013, the Supreme Court ruled in United States v. Windsor that a key provision of the Defense of Marriage Act, or DOMA, was unconstitutional — in effect ruling that the federal government now must recognize same-sex marriages that took place in states where it’s currently legal.
This was a huge win for gay rights advocates, but there were still many states with marriage bans. Same-sex couples sued the government, asking for the same marriage rights as straight couples, such as the ability to file state taxes jointly, have visiting rights at hospitals, and make critical medical decisions for their partner and children. But opponents of same-sex marriage argue that marriage is a union only between a man and a woman.
The debate has been brought before several federal appeals courts. These courts, drawing on the Windsor decision, have ruled to strike down gay marriage bans.
Until November 2014, that is, when the Sixth Circuit Court of Appeals upheld bans in Michigan, Ohio, Kentucky and Tennessee. This has caused a split with the rulings by other circuit courts, and now the Supreme Court justices are stepping in.
Obergefell v. Hodges hinges on the 14th amendment, which guarantees due process and equal protection under the law for all. There are two questions that the Supreme Court will be looking to answer. First, should states be required to license same-sex marriages under the 14th amendment? And second, should states be required to recognize gay marriages performed in states where gay marriage is legal?
Right now, 37 states and Washington, D.C., allow gay marriage. But one potential outcome of this case, that Supreme Court rules in favor of the first question, would mean that gay marriage would effectively be legal across all 50 states.
So, as we wait to find out what the Supreme Court will decide, at least after watching this video, you can say, “Now I get it.”
