The Supreme Court on Friday agreed to review the constitutionality of gay marriage, setting up a potentially landmark case that could decide the issue nationally once and for all.
The justices will review an appellate ruling that upheld bans on same-sex unions in four states: Kentucky, Michigan, Ohio and Tennessee. The states are among the 14 where gay and lesbian couples can’t legally marry.
The move was widely expected, as advocates on both sides of the issue had been pushing the high court to decide the matter.
When the justices opened their 2014-15 term in early October, significant cases involving gay marriage were conspicuously absent from the docket. But a month later, a federal appeals court upheld anti-gay marriage laws in the four states, making it difficult for the Supreme Court to sidestep the issue much longer.
The court will consider two basic questions: are states constitutionally bound to issue marriage licenses to same-sex couples; and are states required to recognize gay marriages performed elsewhere?
The four cases, which the high court will review collectively, likely will be argued in May or June, with a ruling expected in late June.
How the nine justices will rule is difficult to say, as the Roberts court has become increasingly unpredictable. Many legal experts say they expect a decision in line with the nation’s growing legal and cultural acceptance of gay marriage. But gay marriage opponents say they expect the conservative-leaning bench to rule in their favor.
Florida last week became the 36th state to issue marriage licenses to same-sex couples.
