Supreme Court to hear same-sex marriage case in April

As+of+Jan.+5%2C+2015%2C+a+vast+majority+of+the+United+States+has+passed+or+is+in+the+progress+of+discussing+legislation+for+the+legalization+of+same-sex+marriages.+Missouri%2C+however%2C+only+recognizes+same-sex+licenses+in+the+city+of+St.+Louis.%C2%A0

As of Jan. 5, 2015, a vast majority of the United States has passed or is in the progress of discussing legislation for the legalization of same-sex marriages. Missouri, however, only recognizes same-sex licenses in the city of St. Louis. 

Kelly Schiro

Same-sex couples will get their day in the Supreme Court in April. On Jan. 23, the court announced it would hear cases from Ohio, Michigan, Kentucky and Tennessee combined into one, according USA Today.

“The court has been cautious in this area,” said Dirk Deam, senior lecturer in political science. “I think they will jump and issue a very dramatic change in the law.”

Deam has been teaching courses in constitutional law for many years.

According to the Huffington Post, justices likely agreed to hear the case because the U.S. Court of Appeals for the Sixth Circuit upheld bans on same-sex marriage after other appellate courts had found similar bans unconstitutional.

The court will decide whether same-sex couples have the right to marry and if they have the right to have out-of-state marriages recognized.

Deam said he thinks the court will decide if the bans against same-sex marriage violate the equal protection clause because marriage is a fundamental right. Deam also said the Supreme Court could decide to classify sexual preference as a suspect class, potentially affecting other laws that discriminate against sexual preference.

“Some of the characteristics of homosexuality fit with the characteristics of traditional suspect classes,” Deam said.

A suspect class has been shown to have endured a historical pattern of discrimination against the people in the group and the characteristics of the class can’t be changed … they’re born with them.

“It would go one of those two ways,” Deam said. “I suspect it will be the fundamental right because it would be the easier jump to make.”

President of the LGBT Ally Alliance Adam Guenther said he is waiting for the plaintiff’s brief for the Supreme Court, which is due Feb. 27. The plaintiff will be arguing that state bans on same-sex marriage are unconstitutional.

“With what I know now about the court’s composition, I imagine it’s going to be really split, it’s going to be a 5-4 decision,” Guenther said.

Both Deam and Guenther agree that justice Anthony Kennedy will be a deciding factor in the court’s ruling. Deam said Kennedy has written all major decisions relating to homosexuality since he’s been on the court.

“Usually, Kennedy is the swing,” Guenther said. “He’s kind of a moderate.”

As of today, same-sex marriage is legal in 36 states.

Oral arguments are expected to be heard by the court late April with a final ruling in June.