The U.S. Supreme Court has scheduled a hearing on April 28th for two and a half hours of oral arguments based on a number of cases that challenged state bans on gay marriage. These cases were previously heard at the District Courts level.

CNN reports that attorneys involved in these cases have based their appeals on a Fourteenth Amendment argument that involves two questions:

  • Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
  • Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?​

The combined cases the Supreme Court will hear include:

  • Ohio cases — Henry v. Hodges, Oberfefell v. Hodges
  • Michigan case — DeBoer v. Snyder
  • Kentucky cases — Bourke v. Beshear and Love v. Beshear
  • Tennessee case — Tanco v. Haslam

In 2013, the U.S. Supreme Court struck down a provision in the Defense of Marriage Act (DOMA) based on it being a Fifth Amendment violation. The Supreme Court ruled that DOMA deprived same sex couples of many of the rights opposite sex couples have under federal laws. It ruled that DOMA violated their rights to equal protection under the Constitution.

How the Supreme Court rules on these cases will likely have a far-reaching influence on all states, and hopefully will resolve the conflicting findings between many lower level courts.

C.E. Borman & Associates stays up to date on laws that affect same sex marriages and works with clients in GLBT relationships to help them resolve divorce and family law matters.