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US Supreme Court to decide on gay marriage

Author
AAP,
Publish Date
Sun, 26 Apr 2015, 3:08PM

US Supreme Court to decide on gay marriage

Author
AAP,
Publish Date
Sun, 26 Apr 2015, 3:08PM

The lengthy fight to allow gay marriage across America may soon be at an end with the Supreme Court set to consider whether same-sex couples have a constitutional right to wed.

Already legal in 37 of the country's 50 states and in the capital Washington, experts say it seems inevitable that the nation's top court will recognise gay marriage.

"Marriage equality has advanced with remarkable speed through the states," said constitutional law professor Steven Schwinn of the John Marshall Law School in Chicago.

"In effect, the Supreme Court allowed same-sex marriages to move forward in those jurisdictions, making it all the more difficult to roll back marriage equality now."

As early as Friday afternoon, a line was forming outside the courthouse in Washington, with people hoping to secure a spot in the public gallery for the historic court session on Tuesday.

Schwinn said the court would likely vote in favour of gay marriage and the case "is almost sure to be a capstone in establishing federal civil rights for gays and lesbians".

The nine justices will hear from plaintiffs from four states - Ohio, Michigan, Tennessee and Kentucky - where gay marriage is still banned.

Supported by the Obama administration, the 16 plaintiffs want to legally marry but their home states define marriage as being between a man and a woman and do not recognise gay marriages carried out elsewhere in the country.

If the Supreme Court rules on these four states, it will be making a de facto decision on all the 13 states banning gay marriage.

At issue is the Supreme Court's interpretation of the 14th Amendment of the US Constitution, which provides equal protection under the law.

Judges must decide if this amendment means states must allow gay marriage, and whether states are required to recognise same-sex marriages that were conducted in other states.

A ruling is expected at the end of June.

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