Gay Marriage Laws & States: Supreme Court Agrees to Hear Petitions on Marriage Equality
The U.S. Supreme Court has added same-sex marriage cases from five states to its closed-door agenda discussion at the end of the month, Al Jazeera reported.
Seven petitions from five states -- Indiana, Oklahoma, Utah, Virginia and Wisconsin -- have asked the nation's highest court to consider whether or not their state's bans on same-sex marriage are unconstitutional, and if states have the power to refuse recognition of same-sex marriages.
Some of the petitions ask for a standard or a basis for determining the constitutionality of laws challenged in gay rights cases.
In addition, the petitions ask if the SCOTUS has already, in fact, ruled on this topic in 1972.
The case that reached the court was in Minnesota, Baker v. Nelson, where the court dismissed a plea to allow same-sex marriages, but the court ruled that the plea did not involve a "substantial federal question," according to SCOTUSblog.
While the meeting is not an action meeting, it is the first time the court has agreed to look at the subject, since striking down the Defense of Marriage Act (DOMA) in 2013 -- which had previously prevented same-sex couples from receiving the same tax, health and retirement benefits as married heterosexual couples.
It would be surprising if the Supreme Justices decided to delay tackling the cases, according to SCOTUSblog.
But the options are to either hear the cases, deny them all, or delay them for some time, according to the Journal and Courier. Even if the Justices delayed a hearing until January, a decision could be made by summer 2015.
While most state bans have been overruled by appeals courts since the SCOTUS struck down DOMA, recently one federal appeals court sided with state of Wisconsin, allowing the ban to stay.
Currently more than 20 states and the District of Columbia recognize same-sex marriage, but the majority of states ban civil unions or marriages altogether.
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