Late on Friday, the Supreme Court chose to hear cases on whether same-sex marriages must be recognized by the states. They will take the time to determine whether gay couples have the constitutional right to marry each other or whether individual states even have a right to ban same-sex marriage. Oral arguments will begin in April and a ruling could be delivered by June of this year.
Gay Marriage in the United States
Although the number of states that are legalizing and recognizing gay marriages is rising, with Florida becoming the 36th state in the country to allow gay marriage, it does not mean that the issue has been resolved. Same-sex couples in many states are not privy to the same rights and benefits as heterosexual couples. A split between federal appellate circuits has basically required the US Supreme Court to decide whether laws against homosexual marriages violated the constitution and the rights of United States’ citizens.
How Did This Come Up?
Four states, Ohio, Tennessee, Kentucky and Michigan, all filed petitions in the U.S. Sixth Circuit Court of Appeals, which had recently upheld gay marriage bans. The court granted these petitions for the states. In October, the court refused to hear a number of cases, but this time the lower federal courts are now divided on whether same-sex marriages are constitutional or not.
In June of 2013, the U.S. Supreme Court had rejected parts of the 1996 Defense of Marriage Act ruling that legally married gay couples were entitled to the same federal benefits as opposite-sex marriage couples. This was considered a small win, but if the U.S. Supreme Court can vote that it is unconstitutional to ban gay marriage in the United States, it could be the ultimate for equal rights.
Could The 2015 Hearing on Gay Marriage Affect 2016 Elections?
Although it is a platform that Republicans generally stand pretty hard on, there are a number of Republicans who publicly support marriage equality. These Republicans realize that although they may not support marriage rights for same-sex couples, they will also not vehemently oppose it. As GOP strategist, Tara Setmayer, says, “It’s not 2004. Gay marriage is not going to determine the outcome of presidential election like it did in Ohio.”
If you have questions about Louisiana’s stance on same-sex marriage, or have questions about your gay relationship and what your rights are, please feel free to give Crescent City Law a call or an e-mail. We are happy to speak with you about your rights!
