Come June, the question of whether gay couples can marry, which for some reason is still a question, is likely to be decided once and for all.
The U.S. Supreme Court said today it will take up a case against same-sex marriage bans in four states, which confronts the question of whether such bans are constitutional.
Marriage equality advocates say they're optimistic, given the Court's actions in two recent instances. In October, the justices opted not to hear appeals of lower court judgments that deemed the voter-approved same-sex marriage bans in three states unconstitutional. And in 2013, the seminal U.S. v. Windsor decision struck down part of the federal Defense of Marriage Act (DOMA).
“We are thrilled that the Supreme Court's decision today brings us closer to national resolution granting the freedom to marry to same-sex couples," Equality Florida Director Nadine Smith said in a written statement. “The ability to marry the partner you choose brings great joy and happiness, provides important protections for couples and their families, and has no negative impact on others."
The catch?
The Court is nearly evenly split on the issue.
When it struck down essential aspects of DOMA in 2013, it did so in a 5-4 decision. The four in the minority — Justices Antonin Scalia, Clarence Thomas, John Roberts and Samuel Alito — were hardly surprising; they would probably vote to take away women's suffrage if they could.
But then there's Justice Anthony Kennedy, who is not as easy to predict, as USA Today's Richard Wolf notes:
"The swing vote remains Kennedy, who has authored the last three major rulings advancing the cause of gay rights. On one hand, he has defended voter-approved constitutional amendments, most recently in a Michigan case last year that upheld the state's ban against racial preferences in university admissions. But he struck down the federal same-sex marriage ban as an affront to the constitutional rights of gays and lesbians."
So it's kind of a mixed bag.
The news comes just over a week after same-sex marriage became legal in Florida.
“In Florida last week, when our own courts affirmed the freedom to marry, we saw an outpouring of thousands of couples ready to pledge their commitments and love," Equality Florida's Nadine Smith writes. "We look forward to the day when couples in every state have the same freedom that we Floridians now enjoy, and we will continue our work here to ensure the health and safety of all families.”
This article appears in Jan 15-21, 2015.