Tomorrow, in cases consolidated as Obergefell v. Hodges, the U.S. Supreme Court will hear arguments regarding two very important issues relating to gay marriage:
- Whether bans on gay marriage are constitutional; and
- If the bans are constitutional, whether those states with bans may refuse to recognize out-of-state gay marriages performed where they are legal.
This decision is the pivotal case for gay marriage, and for gay divorce. Previously, cases regarding gay marriage decided collateral issues, such as whether a legally married spouse may claim the estate tax exemption, such as in United States v. Windsor. Although United States v. Windsor found the Defense of Marriage Act to be unconstitutional, it did not go far enough to require states to repeal bans on gay marriage or to force them to recognize legitimate marriages from other states.
Michigan, Ohio, Tennessee and Kentucky are defending their bans against gay marriage before the Supreme Court. A decision in the case is expected by the end of June, 2015.
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