Freedom to Marry

The US Supreme Court will hear arguments in a
‘mega-case’ surrounding same-sex marriage bans
tomorrow.
The court is set to begin hearing oral arguments
in a ground-breaking case concerning marriage
bans in the states of Michigan, Ohio, Tennessee,
and Kentucky, in the first large-scale Supreme
Court action on the issue since a ruling in favour
of equality during 2013’s United States v Windsor.
As the nine Supreme Court justices previously
tipped in favour of equality on the Windsor case –
striking down parts of the federal Defense of
Marriage Act – advocates are tentatively hopeful
that the upcoming battle could bring same-sex
marriage to all 50 states.
The court has allotted two and a half hours of
argument to the case – with a tightly-controlled
time limit for arguments from each state, as well as
lawyers representing 12 same-sex couples and two
widowers.
As the court is attempting to resolve a ‘circuit split’
– where some lower courts have found in favour of
same-sex marriage and some against – the
eventual ruling is likely to be decisive, whether in
favour or against allowing states to ban same-sex
marriage.
A ruling is expected by the summer.
Ahead of the case, hundreds of amicus briefs have
been filed by concerned parties – with President
Obama’s administration urging the court to strike
down bans on same-sex marriage , while
Republicans in Congress urged the court not to.
However, in a sure-fire sign that Republicans don’t
want to be seen on the wrong side of history in the
case, just 57 out of the party’s 299 Members of
Congress signed the brief, which argues states
should be allowed to decide if gays are allowed to
marry.
In contrast, a brief from the Democrats in favour of
equality was signed by 211 of the party’s 232
Members of Congress.
A number of leading employers have also urged the
court to strike down the ban, with a number of
corporate rivals have put their differences aside to
sign a joint legal brief.
Bitter rivals – including Microsoft, Apple and
Google, Twitter and Facebook, eBay and Amazon –
put their differences aside to sign on to the brief.
Other iconic businesses to support same-sex
marriage include Walt Disney, Coca-Cola, Nike, Visa,
American Apparel, Verison, General Mills, Barnes &
Noble.