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Supreme Court Takes On Same-Sex Marriage
The United States Supreme Court is taking on the controversial issue of same-sex marriage this week. The court will hear arguments for two days. Today's arguments covered California's voter-approved ban on same-sex marriage. Wednesday, the court considers the federal law that prevents legally-married gay couples from receiving a range of benefits that are given to straight, married Americans.
In past cases, the Supreme Court has ruled there is a fundamental right to marry, so the court will need to rule as to whether or not this due process applies to same-sex couples.
"The other constitutional argument is the equal protection argument," UIS associate professor Jason Pierceson said. "In the 14th amendment, the equal protection clause is the government can't discriminate against couples on the basis of sexual orientation in marriage policy."
The outcome of these arguments could potentially end with the court upholding the laws. The court could just rule on California's ban and the federal law that prevents equal benefits for same-sex couples. Or, the court could be more aggressive and rule to strike down the other 30 states that currently have same-sex marriage bans on the books.