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| Places where same-sex marriage is now legal |
The justices are in session right now considering appeals originating in five states where lower courts have ruled against marriage equality. If the justices agree to accept one or more of the appeals for a hearing, there will be a showdown on same-sex marriage. Either it will be legal or not.
Four of the states involve cases that were heard by the Sixth Circuit Court of Appeals, which ruled late last year that same-sex couples have no constitutional right to marry. The states are Ohio, Michigan, Kentucky and Tennessee. In addition, a case from Louisiana, which also rejected same-sex marriage, is on the docket.
If the justices accept the cases for review, they will hear oral argument from both sides. Then they will make a final decision by June 30.
Thirty-five states recognize same-sex marriage as permissible under the law, but the vast majority depend on federal courts to justify the practice. If the Supreme Court rules those rulings are unacceptable under the law, then all those decisions will be invalidated.
Right now only a handful of states have legalized marriage equality by legislation or referendum. It is not certain whether a negative ruling by the Supreme Court would invalidate those marriages as well.
Stay tuned.
Updated at 11:01 p.m. to include map.