The U.S. Supreme Court says it will hear challenges to same-sex marriage bans in four states, including Ohio, meeting the expectations of legal experts who said accepting the cases and allowing gay couples nationwide to marry was all but inevitable.
The court announced its decision Friday afternoon after justices held a morning conference. The justices will likely issue a decision by June 30, the end of its term.
The justices have consolidated the cases from Ohio, Kentucky, Michigan and Tennessee for the purposes of hearing oral arguments and issuing a decision.
When the court hears the case, it will decide two issues:
- Does the 14th Amendment require a state to license a marriage between two people of the same sex?
- Does the 14th Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
In Ohio, a constitutional amendment that Ohio voters approved in 2004 specifically defines marriage as between one man and one woman, and barred the state from recognizing any other marriages as valid.
Attorneys will adhere to a quicker-than usual briefing schedule, since the court will hear oral arguments within the next few months.
Al Gerhardstein, the Cincinnati-based attorney representing Ohio’s same-sex couples, said Friday that the court’s decision to accept the cases from all four states did not surprise him, though it is good news.
“Our cases run the whole range of life experience and demonstrate just how severe the consequences are when Ohio refuses to recognize same same-sex marriage,” Gerhardstein said.
Mike Brickner, senior policy director for the American Civil Liberties Union of Ohio, said that Friday’s decision is “exciting,” especially since the court could easily have delayed hearing the case until its next term.
“Today we are one step closer to the promise of full rights and freedom for all loving and committed same-sex couples in Ohio,” Brickner said.
Dan Tierney, a spokesman for Ohio Attorney General Mike DeWine, said in a news release that DeWine “has consistently stated the United States Supreme Court would ultimately decide the issue of same-sex marriage.
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