SCOTUS to Consider Michigan's Same-Sex Adoption and Companion Marriage Cases
- 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?
It is now well-known, but worth repeating, that each of the 14 states that persist in banning gay marriage have their state laws under some form of appellate review. When finally decided, the SCOTUS same-sex adoption and marriage cases will affect the status of this handful of holdouts, as well as provide some certainty, one way or the other, to the other 36-states that do not proscribe same-sex marriage or adoptions.
Some legal scholars opine that the SCOTUS, in fashioning the issues as they have, is appropriately focused on the two core constitutional issues that need deciding in these post-modern-day civil rights cases. Other legal scholars posit, on the other hand, that the High Court has again left open a path, as in the Windsor case, that stops short of outright requiring states to issue same-sex marriage licenses.
As Michigan Attorney General Bill Schuette says repeatedly, the sooner SCOTUS decides these issues the better.