What’s at stake as Supreme Court hears gay-marriage cases

WASHINGTON — The national debate over gay marriage lands in the U.S. Supreme Court on Tuesday, when the justices will hear oral arguments.

Question: What is the issue before the court?

Answer: The court will hear cases from four states — Tennessee, Kentucky, Ohio and Michigan — that prohibit same-sex marriage. Opponents are asking the court to overturn the bans and open marriage nationwide to all gay couples on the grounds that access to marriage is a fundamental right under the U.S. Constitution. The states counter there is no constitutional right to marriage and that states have always been allowed to set their own marriage laws.

Q: How did this end up before the court?

A: More than a dozen gay couples, including three from Tennessee, filed lawsuits challenging the four state bans. The 6th U.S. Circuit Court of Appeals sided with the states in a 2-1 ruling last November. But that ruling ran counter to previous appeals court decisions that struck down other gay-marriage bans. The split caused the Supreme Court to announce in January that it would take up the issue.

Q: How many states permit same-sex marriage?

A: Thirty-six states and the District of Columbia. Three states legalized it by popular vote. In eight, the legislature voted to legalize it. Court rulings legalized it in 26 states.

Q: How many states ban gay marriage?

A: Fourteen, including Tennessee, Arkansas and Mississippi.

Q: What are the possible outcomes?

A: Most legal analysts are predicting a majority of the justices will side with the gay couples. But the court could frame its ruling a couple of different ways. If the court decides there’s a constitutional right to marry, gay couples would be allowed to legally wed in all 50 states. The court, however, could issue a more narrow ruling that says states aren’t obligated to perform samesex marriages but must recognize those unions conducted in other states where gay marriage is legal.

Q: When will the court issue its opinion?

A: A decision is expected by the end of June.