It only seems to be a matter of when, and not if, the issue of same-sex marriage is heading back to the United States Supreme Court next year, after a busy week of legal activity.
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Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, says the same-sex marriage fight will come down to a debate about granting a new right to a group of people, or confirming a right that is historically contained in the Constitution.
A split federal appeals court has ruled against the state of Virginia’s ban on same-sex marriages, in another milestone ruling that could drive the issue to the Supreme Court.
The state of Utah, preparing to take its case against legalized same-sex marriages to the U.S. Supreme Court in a few weeks, finds itself facing a need to go to the Justices earlier to keep its options open on another front in that controversy.
This past week saw two rulings that overturned state prohibitions on same-sex marriage in Indiana and Utah. Both cases could land on the Supreme Court’s docket very soon.