If The Supreme Court Legalizes Same-Sex Marriage, What Next?

On Friday, January 16, 2015, the Supreme Court agreed to hear four cases from the Sixth Circuit concerning whether under the Fourteenth Amendment a state can permissibly ban same-sex marriage.  The Court previously side-stepped this issue in its 2013 decision in United States v. Windsor.  In Windsor, the Court found that under the due process clause of the Fifth Amendment the Federal government must extend the Federal rights and benefits of marriage to legally married same-sex couples.   Windsor, however, did not address the underlying question of whether states are required to recognize and/or solemnize same-sex marriage.

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