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Will the issue of same-sex marriage as a Constitutional right one day be looked at by the US Supreme Court?

Will the highest court in the land one day hear a case where the right of same sex marriage for all Americans is the central issue?

And...

if such a case were heard by SCOTUS, how might they rule?

16 Answers

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  • 1 decade ago
    Favorite Answer

    The issue probably will make it to the US Supreme Court, possibly on appeal from the California Supreme Court's recent decision over Proposition 8. I would hope that they would rule in favor of legalizing gay marriage under the Equal Protection and Full Faith And Credit clauses, but you never know.

  • Anonymous
    1 decade ago

    Yes it is only a matter of time before this comes before the SCOTUS.

    SCOTUS has already ruled that 1) marriage is a basic civil right and 2) basic civil rights cannot be voted on.

    so the issue would only remain that can we as a society that has redefined the word marriage many many times draw a line here saying we are barred from any more redefinition

    If it happened right now..I would say the SCOTUS would uphold a ban just as SCOTUS once upheld segregation as valid.

    Maybe when the elder generation, who outnumber the current generation, start to die off hence giving more control of the society to this generation that would change but I don't know.

    I would guess though that by the next generation gay marriage will be a legal standerd arcross country.

  • 1 decade ago

    Some might say that because marriage is a states rights issue, the SCOTUS won't hear it; but the SCOTUS has heard plenty of states rights cases. (miranda, gideon, wainwright, lawrence, brown, etc. - just to name a very few)

    Constitutionally, the justices should have a very difficult time continuing this discriminatory practice. There are many, many parallels to Loving v. Virginia.

    Still, justices don't always rule with reason or by the Constitution.

  • Anonymous
    5 years ago

    It'll be just like Roe vs. Wade. It will be challenged first at state level, then work its way up to federal level and they will legalize it. There's no where in the Constitution that says Christians should have the jurisdiction over marriage. It'll be passed federally within 10 years, is my guess.

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  • Anonymous
    1 decade ago

    Where in the Constitution of the United States do you find any reference to "marriage"? Can't? The Supremes have no authority to get involved. Marriage is a states' rights issue. Remember what happened when the federal government interfered in that other states' rights issue - slavery?

  • 1 decade ago

    Already has, see Romer v. Evans.

    517 U.S. 620 (1996) (striking down a class-based state constitutional amendment directed at homosexuals as a violation of equal protection). The majority in Lawrence characterized the Romer decision as concluding “that the provision was ‘born of animosity toward the class of persons affected’ and further that it had no rational relation to a legitimate governmental purpose.” Lawrence, 123 S. Ct. at 2482 (citing Romer, 517 U.S. at 634).

  • Anonymous
    1 decade ago

    It might happen, but I gather it will be looked at by all the state supreme courts before it makes its way to the US supreme court.

  • 1 decade ago

    Its Inevitable, However its not a Inalienable Right. Life, Liberty, and the Pursuit Of Happiness is.

  • Anonymous
    1 decade ago

    It's a state issue.

    experts predict it will be legal in 25 states by 2013 and all 50 states by 2024.

  • 1 decade ago

    Yes, it could happen one day.

    But I doubt it will be soon.

    At the moment, this seems to be something that is left up to individual states. But I think you could see it in the Supreme Court one day.

    It would be very interesting.

    I say they would allow gay marriage if it happened one day

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