In 2013, the U.S. Supreme Court (SC), in United States v. Windsor, struck down certain provisions in the Defense of Marriage Act (DOMA), which resulted in the federal government recognizing those same-sex marriages granted in states that allowed such unions. Since then, many on both sides of the same-sex marriage debate have wondered when the SC would officially rule on whether there was a constitutional right to enter into a lawful same-sex marriage, regardless of whether a state permits such unions. Recently, many were excited to learn that the SC has agreed to hear four different state-based cases that centered on different but connected state and same-sex marriage legal questions and issues.

This year the SC will hear four different petitions from Tennessee, Ohio, Kentucky, and Michigan. However, what is unique about the SC's decision to hear these four petitions is the fact that the SC justices exercised their right to alter/frame the specific issues from each petition that they would address in their upcoming reviews. Oftentimes, the SC is willing to answer the questions presented on the face of a petition. However, the SC has exercised its discretion to tinker with the wording of the petitions before them in order to tailor the constitutional questions in each petition that they will be reviewing.

The Questions of Law Regarding Same-Sex Marriage