Will Same-Sex Marriage Become the Law of the Land?

Jun 22, 2015

So as we know, the Supreme Court will soon be deciding whether same-sex marriage will become the law of the land. The nine justices heard oral argument in late April on whether same-sex marriage is a constitutional right. Essentially, the decision will determine whether states have the right to ban same-sex marriage or refuse to recognize the unions of same-sex partners from other states. The issue is whether same-sex marriage bans violate the 14th Amendment’s equal protection clause, which states that no state shall deny to any person within its jurisdiction the equal protection of laws. The court has to answer two questions: first and foremost, can states ban same-sex marriage? The second question is not as important because it may not matter. Secondly, the Supreme Court has to decide can states that do ban same-sex marriage refuse to recognize the marriages of same-sex couples legally married in another state? So to break it down, the plaintiffs, the couples, are arguing that they should be given equal access to the constitutional right of marriage, and that’s something the court has long stated is a fundamental right. The states are arguing that deciding marriage laws should be left up to the individual states and that taking that right away from them is an infringement on liberty. What’s going to happen, what is the Supreme Court going to do with this case? Well, we don’t know. It’s a real nail-biter, and the justices are deeply divided on this issue. In either event, what does it mean for our country? Well, if the court rules in favor of the plaintiffs, a same-sex marriage will become legal in the 13 states that currently ban it. If the court sides with the states, then we could actually see a rollback of same-sex marriage laws. In the states where federal courts struck down the same-sex marriage bans after the Supreme Court’s ruling in United States vs. Windsor, we could potentially see them choose to reinstate their same-sex marriage bans.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | natalie.villanueva@gmlaw.com

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

Next Previous

Subscribe for
News & Events

Search By Author

Search By Practice Area

Search By State

Will Same-Sex Marriage Become the Law of the Land?

Share

Subscribe for News & Events

News & Events

News & Events

Subscribe for
News & Events