Later this month, the U.S. Supreme Court is set to hear oral argument in cases that will permit that court to decide whether the U.S. Constitution requires states to allow same-sex couples to marry despite state constitutional provisions or state laws to the contrary. Most observers expect that the U.S. Supreme Court will recognize a federal constitutional right to same-sex marriage by a vote of 5-4, if not 6-3, in a decision that will issue by late June of this year.
According to the most recent statistics that I have seen, 37 states now recognize the right of same-sex couples to marry, while same-sex marriage remains prohibited in the other 13 states. It is noteworthy, however, that in 26 of those 37 states that allow same-sex marriage, recognition came via judicial decision rather than through amending the state’s constitution or passing state laws to broaden the right to marry.
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