CNN Arabic CNN Español CNN Mexico CNN Facebook CNN Twitter CNN Google+ CNN Heroes Impact Your World CNN Freedom Project Justices poised to tackle constitutional right of same-sex marriage By Bill Mears, CNN Supreme Court Producer Updated 1148 GMT (1848 HKT) September 26, 2014 Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom on Monday, January 5. Florida began allowing same-sex marriages after a judge -- following similar rulings across the nation -- struck down the state's old law banning such unions. Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom on Monday, January 5. Florida began allowing same-sex marriages after a judge -- following similar rulings across the nation -- struck down the state's old law banning such unions. Photos: Same-sex marriage in the U.S. 31 photos Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom on Monday, January 5. Florida began allowing same-sex marriages after a judge -- following similar rulings across the nation -- struck down the state's old law banning such unions. Hide Caption 1 of 31 Chad Biggs, left, and his fiance, Chris Creech, say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on Friday, October 10, after a federal judge ruled that same-sex marriage can begin there. Chad Biggs, left, and his fiance, Chris Creech, say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on Friday, October 10, after a federal judge ruled that same-sex marriage can begin there. Photos: Same-sex marriage in the U.S. 31 photos Chad Biggs, left, and his fiance, Chris Creech, say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on Friday, October 10, after a federal judge ruled that same-sex marriage can begin there. Hide Caption 2 of 31 Joshua Gunter, right, and Bryan Shields attend a rally in Las Vegas to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on Tuesday, October 7. Joshua Gunter, right, and Bryan Shields attend a rally in Las Vegas to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on Tuesday, October 7. Photos: Same-sex marriage in the U.S. 31 photos Joshua Gunter, right, and Bryan Shields attend a rally in Las Vegas to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on Tuesday, October 7. Hide Caption 3 of 31 From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on Monday, October 6. The U.S. Supreme Court cleared the way for legal same-sex marriages in five more states -- Virginia, Utah, Nevada, Indiana and Wisconsin. From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on Monday, October 6. The U.S. Supreme Court cleared the way for legal same-sex marriages in five more states -- Virginia, Utah, Nevada, Indiana and Wisconsin. Photos: Same-sex marriage in the U.S. 31 photos From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on Monday, October 6. The U.S. Supreme Court cleared the way for legal same-sex marriages in five more states -- Virginia, Utah, Nevada, Indiana and Wisconsin. Hide Caption 4 of 31 Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6. Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6. Photos: Same-sex marriage in the U.S. 31 photos Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6. Hide Caption -- Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6. Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6. Photos: Same-sex marriage in the U.S. 31 photos Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6. Hide Caption -- Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6. Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6. Photos: Same-sex marriage in the U.S. 31 photos Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6. Hide Caption -- Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6. Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6. Photos: Same-sex marriage in the U.S. 31 photos Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6. Hide Caption -- Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on Sunday, June 1. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples. Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on Sunday, June 1. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples. Photos: Same-sex marriage in the U.S. 31 photos Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on Sunday, June 1. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples. Hide Caption -- William Roletter, left, and Paul Rowe, right, press close to each other after having their photo taken with their newly acquired marriage certificate Wednesday, May 21, at City Hall in Philadelphia. William Roletter, left, and Paul Rowe, right, press close to each other after having their photo taken with their newly acquired marriage certificate Wednesday, May 21, at City Hall in Philadelphia. Photos: Same-sex marriage in the U.S. 31 photos William Roletter, left, and Paul Rowe, right, press close to each other after having their photo taken with their newly acquired marriage certificate Wednesday, May 21, at City Hall in Philadelphia. Hide Caption 10 of 31 Julie Engbloom, left, and Laurie Brown embrace after they were wed in Portland, Oregon, on Monday, May 19. A federal judge struck down the state's voter-approved ban on same-sex marriage. Julie Engbloom, left, and Laurie Brown embrace after they were wed in Portland, Oregon, on Monday, May 19. A federal judge struck down the state's voter-approved ban on same-sex marriage. Photos: Same-sex marriage in the U.S. 31 photos Julie Engbloom, left, and Laurie Brown embrace after they were wed in Portland, Oregon, on Monday, May 19. A federal judge struck down the state's voter-approved ban on same-sex marriage. Hide Caption 11 of 31 Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas. Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas. Photos: Same-sex marriage in the U.S. 31 photos Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas. Hide Caption 12 of 31 Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage. Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage. Photos: Same-sex marriage in the U.S. 31 photos Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage. Hide Caption 13 of 31 Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 2013. Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 2013. Photos: Same-sex marriage in the U.S. 31 photos Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 2013. Hide Caption 14 of 31 Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic in December 2013 after a judge heard arguments challenging Utah's same-sex marriage ban. Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic in December 2013 after a judge heard arguments challenging Utah's same-sex marriage ban. Photos: Same-sex marriage in the U.S. 31 photos Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic in December 2013 after a judge heard arguments challenging Utah's same-sex marriage ban. Hide Caption 15 of 31 Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii in November 2013. Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii in November 2013. Photos: Same-sex marriage in the U.S. 31 photos Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii in November 2013. Hide Caption 16 of 31 Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall in October 2013. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry. Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall in October 2013. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry. Photos: Same-sex marriage in the U.S. 31 photos Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall in October 2013. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry. Hide Caption 17 of 31 A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage in June 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage in June 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. Photos: Same-sex marriage in the U.S. 31 photos A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage in June 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. Hide Caption 18 of 31 At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013. At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013. Photos: Same-sex marriage in the U.S. 31 photos At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013. Hide Caption 19 of 31 Delaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state. Delaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state. Photos: Same-sex marriage in the U.S. 31 photos Delaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state. Hide Caption -- Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence in May 2013. Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence in May 2013. Photos: Same-sex marriage in the U.S. 31 photos Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence in May 2013. Hide Caption -- Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012. Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012. Photos: Same-sex marriage in the U.S. 31 photos Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012. Hide Caption 22 of 31 Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill in March 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum. Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill in March 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum. Photos: Same-sex marriage in the U.S. 31 photos Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill in March 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum. Hide Caption 23 of 31 Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012. Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012. Photos: Same-sex marriage in the U.S. 31 photos Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012. Hide Caption 24 of 31 Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect. Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect. Photos: Same-sex marriage in the U.S. 31 photos Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect. Hide Caption 25 of 31 In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010. In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010. Photos: Same-sex marriage in the U.S. 31 photos In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010. Hide Caption 26 of 31 Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in January 2010 after the state's law allowing same-sex marriage went into effect. Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in January 2010 after the state's law allowing same-sex marriage went into effect. Photos: Same-sex marriage in the U.S. 31 photos Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in January 2010 after the state's law allowing same-sex marriage went into effect. Hide Caption 27 of 31 Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed in May 2009 to affirm the right of same-sex couples to marry. Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed in May 2009 to affirm the right of same-sex couples to marry. Photos: Same-sex marriage in the U.S. 31 photos Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed in May 2009 to affirm the right of same-sex couples to marry. Hide Caption -- Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling in April 2009. Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling in April 2009. Photos: Same-sex marriage in the U.S. 31 photos Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling in April 2009. Hide Caption 29 of 31 Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008. Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008. Photos: Same-sex marriage in the U.S. 31 photos Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008. Hide Caption 30 of 31 Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so. Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so. Photos: Same-sex marriage in the U.S. 31 photos Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so. Hide Caption 31 of 31 01 florida gay marriage 0106 north carolina same sex RESTRICTED nevada gay marriage 1007 01 gay marriage 1007 02 gay marriage 1007 05 gay marriage 1007 04 gay marriage 1007 03 gay marriage 1007 02 same sex marriage 0614 01 same sex marriage 0614 01 oregon same sex 0519 same sex marriage arkansas michigan marriage licenses dabakis same sex marriage 01 utah same sex marriage 1220 hawaii same sex marriage same sex marriage new jersey 01 supreme court doma 0626 03 gay marriage 0613 04 gay marriage 0613 02 gay marriage 0613 01 gay marriage 0613 06 same sex marriage maryland 02 same sex marriage washington 04 same sex marriage new york 03 same sex marriage washington dc 01 NH same sex 0626 maine gay marriage 0509 RESTRICTED 09 same sex marriage iowa 05 same sex marriage Connecticut 07 same sex marriage Massachusetts Story highlights * Public debate over same-sex marriage returns to the Supreme Court * Justices to meet to consider appeals from gays, lesbians in five states * Same-sex marriage laws are decided by states, resulting in legal patchwork across U.S. The one-sentence order from the U.S. Supreme Court was brief but emphatic. The year was 1972 and the justices were asked to decide something extraordinary in that era: whether an openly gay couple from Minnesota had a "fundamental right" under the Constitution to legally wed. -- In just 13 words, the court under Chief Justice Warren Burger dismissed the Baker v. Nelson petition, "for want of a substantial federal question." For about four decades that was the final word on the issue, at least legally. Now a generational shift in public acceptance has given same-sex marriage a powerful new voice. Judges around the country -- in state and federal courts -- have spoken with a near unanimity over the past year that millions of gays and lesbians have been denied an equal protection right to tie the knot, or to have their legal unions recognized by their home states. Opinion: Marriage equality is not like abortion -- [140625204821-sotvo-utah-same-sex-marriage-00004918-story-top.jpg] Just Watched Court strikes down same-sex marriage ban replay More Videos ... Court strikes down same-sex marriage ban 01:10 PLAY VIDEO [140520195739-dnt-same-sex-marriage-pennsylvania-00003920-story-top.jpg] Just Watched Same-sex marriages begin in Pennsylvania replay More Videos ... Same-sex marriages begin in Pennsylvania 01:06 PLAY VIDEO If one or more of those petitions are accepted now for review, oral arguments would likely be held early next year, with a monumental opinion expected by late June 2015. "The question of whether same-sex marriage bans are constitutional is a historic issue, under the Constitution and for the Roberts Court," said Thomas Goldstein, publisher of SCOTUSblog.com and a respected Washington attorney. "It's hard to imagine a situation where judges are going to have more power to define the social and family relationships of the country." A patchwork of state laws on the issue Same-sex marriage is legal in 19 U.S states plus the District of Columbia: California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington state. Massachusetts became the first to grant the right in 2004. A Supreme Court ruling on the constitutionality of same-sex marriage would essentially end a patchwork of state laws -- some that allow it, some that do not, and a few that allow protections short of marriage, such as civil unions and domestic partnerships. The highest court by its nature is a deliberative body, preferring almost by instinct to take things slowly, allowing issues to percolate in the lower courts and in the political discourse. -- [140227021206-dnt-tx-same-sex-ban-struck-down-00002518-story-top.jpg] Just Watched Texas: Same-sex marriage ban struck down replay More Videos ... Texas: Same-sex marriage ban struck down 01:15 PLAY VIDEO [140630153800-obama-immigration-0630-story-top.jpg] -- Many supporters of "traditional" marriage privately say preserving an inflexible one-man/one-woman definition of wedlock nationwide would not be realistic moving forward, and that a divided bloc of states upholding the status quo may be the best possible scenario. But all that hinges on what the Supreme Court does and does not do. A federal appeals court in August took just nine days after intensive oral arguments to issue its sweeping conclusion that voter-approved same-sex marriage bans in Indiana and Wisconsin were unacceptably discriminatory. And state leaders then took just five days to formally ask the Supreme Court to intervene. Even Justice Ruth Bader Ginsburg recently hinted a "why wait" attitude may predominate. -- State and federal judges in the past year have ruled 39 times in favor of the expanded marriage right, while two have upheld existing laws. All this follows what the Supreme Court in 2013 said peripherally on the issue. Fifteen months ago, the justices cleared the way for same-sex marriages in California to resume after they ruled private parties did not have "standing" to defend a voter-approved ballot measure barring gay and lesbian couples from state-sanctioned wedlock. More importantly, the high court also rejected parts of the federal Defense of Marriage Act in its 5-4 "Windsor" decision, citing equal protection guarantees to conclude same-sex spouses legally married in a state may receive federal benefits, such as tax breaks. -- However, the nine justices have complete discretion to stand on the sidelines for now -- and wait for a majority of these state battles to play out, or for a federal appeals court to uphold a ban. "In theory, the justices can avoid deciding any question, particularly when there is no real division and there isn't about same-sex marriage -- yet," said Goldstein. "But this is just too important. They can't stay out, it would be ridiculous for the nation's highest court not to decide this issue now." Strike down same-sex marriage bans or allow them to stand [140625120518-cell-phone-file-0625-story-top.jpg] -- PLAY VIDEO The Supreme Court could historically alter how marriage is treated under a legal framework, potentially striking down every current same-sex marriage ban. Or the justices could leave the current patchwork of state laws in place, allowing legislatures, voters, or lower courts to sort it all out, for now. A CNN/ORC International Poll released more than a year ago found an apparent cultural shift: 53% of Americans supported same-sex marriage, up from 40% in 2007. Some gay rights activists have expressed concern a national legal strategy aimed at the Supreme Court could prove too risky, and end up slowing momentum toward widespread public acceptance of their relationships. A state-by-state approach pursued by some groups had proven gradually successful, and some supporters of marriage equality fear trying to move too far too fast could create legal setbacks, especially when polls continue to show a sizable number of Americans opposed to the idea. -- Because of the terseness of that decision, state and federal courts today offer differing opinions on whether Baker is "irrelevant," and has any force today when deciding the constitutional equal protection questions. Minnesota in August 2013 legalized same-sex marriage, the 13th state to do so. Same-sex marriage debate * Rachael Beierle, left, and Boise City Council President Maryanne Jordan, center, laugh at a joke in Amber Beierle's wedding vows at City Hall in Boise, Idaho, on Wednesday, October 15. With Mayor Dave Bieter out of town, Jordan officiated the wedding as acting mayor. Ada County clerks began issuing marriage licenses to same-sex couples Wednesday morning. Rachael Beierle, left, and Boise City Council President Maryanne Jordan, center, laugh at a joke in Amber Beierle's wedding vows at City Hall in Boise, Idaho, on Wednesday, October 15. With Mayor Dave Bieter out of town, Jordan officiated the wedding as acting mayor. Ada County clerks began issuing marriage licenses to same-sex couples Wednesday morning. Spreading in the 'red' states Same-sex marriage is spreading quickly in the U.S., even reaching several "red" states. Activists have also launched a new push in the Deep South. * As the U.S. Supreme Court begins its new term this week, pro-life advocates hold a prayer vigil on the plaza of the high court in Washington, Saturday, Oct. 4, 2014. The group, Bound 4 Life, has come to the court for ten years to make a silent appeal against abortion. (AP Photo/J. Scott Applewhite) As the U.S. Supreme Court begins its new term this week, pro-life advocates hold a prayer vigil on the plaza of the high court in Washington, Saturday, Oct. 4, 2014. The group, Bound 4 Life, has come to the court for ten years to make a silent appeal against abortion. (AP Photo/J. Scott Applewhite) -- Jodie Vandermark-Martinez slides a ring on her partner Jessice during their wedding ceremony in Iowa. Same Sex Marriage Fast Facts Here's a look at what you need to know about same-sex marriage in the U.S. and worldwide. * A same-sex couple celebrated a federal court's ruling in San Francisco, California in February 2012. A same-sex couple celebrated a federal court's ruling in San Francisco, California in February 2012. Same-sex marriage in the U.S. Here's a look at same-sex marriage in the United States, by the numbers. * Map: Legal, or illegal? Which states allow same-sex marriage, and which states don't? * April Dawn Breeden, left, and her long-time partner Crystal Peairs, right, are married by Rev. Katie Hotze-Wilton at City Hall in St. Louis on Wednesday, November 5. April Dawn Breeden, left, and her long-time partner Crystal Peairs, right, are married by Rev. Katie Hotze-Wilton at City Hall in St. Louis on Wednesday, November 5. -- Sir Elton John Elton John: Jesus would back same-sex marriage In the same-sex marriage debate, Elton John believes he knows where Jesus would've stood. * Melanie Servetas (left) was able to return to America with her wife, Claudia Amaral, after DOMA was struck down. Melanie Servetas (left) was able to return to America with her wife, Claudia Amaral, after DOMA was struck down. -- Love wins in gay couple's 40-year immigration fight Anthony Sullivan was a young Australian with Robert Redford looks. Richard Adams emigrated from the Philippines as a child and became an American citizen. * nr intv burke presbyterians same sex marriage_00001524.jpg nr intv burke presbyterians same sex marriage_00001524.jpg Presbyterians vote to allow same-sex marriage The Presbyterian Church (U.S.A.) voted to allow pastors to marry same-sex couples in states where it is legal.