Justices poised to tackle constitutional right of same-sex marriageBy Bill Mears, CNN Supreme Court ProducerUpdated 1148 GMT (1848 HKT) September 26, 2014Photos: Same-sex marriage in the U.S. 31 photosNewlyweds 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 31Photos: Same-sex marriage in the U.S. 31 photosChad 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 31Photos: Same-sex marriage in the U.S. 31 photosJoshua 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 31Photos: Same-sex marriage in the U.S. 31 photosFrom 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 31Photos: Same-sex marriage in the U.S. 31 photosAbbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6.Hide Caption 5 of 31Photos: Same-sex marriage in the U.S. 31 photosRob 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 6 of 31Photos: Same-sex marriage in the U.S. 31 photosMary 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 7 of 31Photos: Same-sex marriage in the U.S. 31 photosJennifer 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 8 of 31Photos: Same-sex marriage in the U.S. 31 photosPastor 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 9 of 31Photos: Same-sex marriage in the U.S. 31 photosWilliam 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 31Photos: Same-sex marriage in the U.S. 31 photosJulie 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 31Photos: Same-sex marriage in the U.S. 31 photosJennifer 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 31Photos: Same-sex marriage in the U.S. 31 photosSame-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 31Photos: Same-sex marriage in the U.S. 31 photosUtah 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 31Photos: Same-sex marriage in the U.S. 31 photosPlaintiffs 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 31Photos: Same-sex marriage in the U.S. 31 photosHawaiian 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 31Photos: Same-sex marriage in the U.S. 31 photosNewark, 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 31Photos: Same-sex marriage in the U.S. 31 photosA 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 31Photos: Same-sex marriage in the U.S. 31 photosAt the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013.Hide Caption 19 of 31Photos: Same-sex marriage in the U.S. 31 photosDelaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state.Hide Caption 20 of 31Photos: Same-sex marriage in the U.S. 31 photosRhode 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 21 of 31Photos: Same-sex marriage in the U.S. 31 photosJamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012.Hide Caption 22 of 31Photos: Same-sex marriage in the U.S. 31 photosMaryland 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 31Photos: Same-sex marriage in the U.S. 31 photosWashington 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 31Photos: Same-sex marriage in the U.S. 31 photosPhyllis 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 31Photos: Same-sex marriage in the U.S. 31 photosIn 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 31Photos: Same-sex marriage in the U.S. 31 photosOlin 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 31Photos: Same-sex marriage in the U.S. 31 photosMaine 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 28 of 31Photos: Same-sex marriage in the U.S. 31 photosAmy 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 31Photos: Same-sex marriage in the U.S. 31 photosMichael 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 31Photos: Same-sex marriage in the U.S. 31 photosLara 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 31Story highlightsPublic debate over same-sex marriage returns to the Supreme CourtJustices to meet to consider appeals from gays, lesbians in five statesSame-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 abortionThe public debate is back at the nation's highest court, with the justices being asked to offer a fresh, definitive, and binding ruling. The court next week will return from its summer recess and meet privately to consider appeals originating from same-sex couples in five states: Utah, Oklahoma, Virginia, Wisconsin and Indiana.Just WatchedVirginia's gay marriage ban overturnedreplayMore Videos ...Virginia's gay marriage ban overturned 01:08PLAY VIDEOJust WatchedCourt strikes down same-sex marriage banreplayMore Videos ...Court strikes down same-sex marriage ban 01:10PLAY VIDEOJust WatchedSame-sex marriages begin in PennsylvaniareplayMore Videos ...Same-sex marriages begin in Pennsylvania 01:06PLAY VIDEOIf 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 issueSame-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. Did Obama drop Supreme Court hint? White House says noNot so here. What has been most remarkable about the issue is how rapidly the core constitutional questions have reached the justices, presenting an inevitability among those on both sides of the debate they will get involved.The court hurried to schedule the appeals from the five states for its closed-door conference, even before all the legal briefs had been filed. That suggests the justices are ready to add the controversies to the docket, and now.Just WatchedTexas: Same-sex marriage ban struck down replayMore Videos ...Texas: Same-sex marriage ban struck down 01:15PLAY VIDEOJust WatchedImmigration, Hobby Lobby win, CongressreplayMore Videos ...Immigration, Hobby Lobby win, Congress 01:49PLAY VIDEOJust WatchedRed News/Blue News: Hobby LobbyreplayMore Videos ...Red News/Blue News: Hobby Lobby 03:48PLAY VIDEOSome conservative activists say this bench should slow down, and ultimately stay out."When the court on such an issue -- where there are very strong opinions on both sides, and a huge issue of social change in our country -- steps in and makes it into a constitutional issue, it makes the justices look significantly more political in the eyes of the American people," said Carrie Severino, chief counsel of the Judicial Crisis Network. "It would cast doubt on the legitimacy of the court ... by imposing one type of solution for the entire nation, instead of leaving it in the hands of the states to decide how they want to address this issue."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."I think the court will not do what they did in the old days when they continually ducked the issue of miscegenation," she told the Associated Press in July, referring to state bans on interracial marriage, which was not struck down by the high court until 1967. "If a case is properly before the court, they will take it."In their private conference on Monday-- just the nine justices, no one else attends-- the court will discuss among itself whether to grant a "petition for a writ of certiorari," essentially if any of the marriage cases deserve full scrutiny. It takes just four justices to put such petitions on the docket, but five to ultimately prevail on the merits."The stakes are incredibly high for Americans and for the legacy of the Roberts court," said Elizabeth Wydra, chief counsel of the progressive Constitutional Accountability Center. Moderate-conservative "Justice Anthony Kennedy, who has been a crucial vote on the question gay rights [in the past], is again expected be a crucial vote in this case."The high court's big cases this yearJust WatchedFemale justices slam birth control rulingreplayMore Videos ...Female justices slam birth control ruling 02:09PLAY VIDEOJust WatchedSupreme Court rules against ObamareplayMore Videos ...Supreme Court rules against Obama 01:49PLAY VIDEOJust WatchedObama loses recess appointments casereplayMore Videos ...Obama loses recess appointments case 01:35PLAY VIDEOMore than 80 pending marriage equality lawsuits in 31 statesState 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.That federal question now morphs into the higher-stakes state jurisdiction, where marriage laws have traditionally been controlled, and where the equal protection issues will ultimately be resolved.By CNN's count, various individuals and gay rights groups have launched more than 80 pending marriage equality lawsuits in all 31 states with current bans. A Supreme Court review would put all that litigation on hold.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 standJust WatchedRuling: Warrant needed to search phonesreplayMore Videos ...Ruling: Warrant needed to search phones 01:58PLAY VIDEOJust WatchedJustices: Can't use treaty on angry wifereplayMore Videos ...Justices: Can't use treaty on angry wife 03:06PLAY VIDEOJust WatchedCourt bars IQ cutoffs for executionsreplayMore Videos ...Court bars IQ cutoffs for executions 01:53PLAY VIDEOThe 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.Marriage equality advocates worry about a broader social backlash on other LGBT issues. But those on all sides of this issue recognize it now sits irretrievably in the hands of the highest court, and that is where the next act of this drama is being played.Nothing about this political and legal debate in the past decade has been easy, predictive or settled. Like the layered dynamic of marriage itself, putting meaning and force into society's expectations remains an ongoing process, a dialogue that continues to evolve in new ways.Poll: Confidence in Supreme Court at record lowDiffering opinions on the Baker caseA final word about the Baker case, the often forgotten pioneer in the fight for LGBT legal rights. The quarter-century after World War II saw many gay and lesbian Americans slowly acknowledging their identity, and facing discrimination and animus as a result.The 1969 Stonewall riots in Greenwich Village were a social watershed, with many in the LGBT community citing the riots as helping spark the modern fight for equality.Just WatchedCourt sides with cops in deadly chasereplayMore Videos ...Court sides with cops in deadly chase 01:37PLAY VIDEOJust WatchedRegulating racism?replayMore Videos ...Regulating racism? 01:17PLAY VIDEOJust WatchedSCOTUS Rules in Favor of Public PrayerreplayMore Videos ...SCOTUS Rules in Favor of Public Prayer 05:12PLAY VIDEOActivists organized and united -- often uneasily -- forging a strategy to have their voices heard in court. They saw how the Supreme Court in particular was moving toward affirming long-denied rights to those based on skin color and gender.A year after Stonewall, Richard Baker and James McConnell, students at the University of Minnesota, applied for a marriage license in Minneapolis, but were refused. The state's highest court eventually turned aside their appeal, concluding marriage as between one man and one woman for the purposes of procreation and rearing of children was "as old as the book of Genesis."The subsequent refusal by the nation's highest court to intervene tamped down any further legal or political discussion on the issue for decades. The all-male, all-married bench at the time issued a summary decision without full briefing or oral arguments.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 debateSpreading in the 'red' statesSame-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. What's next in the fight?Never has the Supreme Court said so much when saying so little.LGBT rights calculatorFind out which states match your values when it comes to lesbian, gay, bisexual and transgender rights.Same Sex Marriage Fast FactsHere's a look at what you need to know about same-sex marriage in the U.S. and worldwide. 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?Evangelicals step back from gay marriage fightEvangelical leaders are taking a step back from their decades-long fight against gay marriage, softening their tone and recalibrating their goals.Elton John: Jesus would back same-sex marriageIn the same-sex marriage debate, Elton John believes he knows where Jesus would've stood. A year after DOMA, couples choose love and countryA year ago, the U.S. Supreme Court struck down a key section of the Defense of Marriage Act or DOMA.Love wins in gay couple's 40-year immigration fightAnthony Sullivan was a young Australian with Robert Redford looks. Richard Adams emigrated from the Philippines as a child and became an American citizen.Presbyterians vote to allow same-sex marriageThe Presbyterian Church (U.S.A.) voted to allow pastors to marry same-sex couples in states where it is legal.More from politics2016 race kicks off with long day of auditions in Iowa Protesters interrupt Perry, Christie at 2016 GOP event in IowaTeam Rubio message to supporters: We're ready to run
Spreading in the 'red' statesSame-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.
LGBT rights calculatorFind out which states match your values when it comes to lesbian, gay, bisexual and transgender rights.
Same Sex Marriage Fast FactsHere's a look at what you need to know about same-sex marriage in the U.S. and worldwide.
Same-sex marriage in the U.S.Here's a look at same-sex marriage in the United States, by the numbers.
Evangelicals step back from gay marriage fightEvangelical leaders are taking a step back from their decades-long fight against gay marriage, softening their tone and recalibrating their goals.
Elton John: Jesus would back same-sex marriageIn the same-sex marriage debate, Elton John believes he knows where Jesus would've stood.
A year after DOMA, couples choose love and countryA year ago, the U.S. Supreme Court struck down a key section of the Defense of Marriage Act or DOMA.
Love wins in gay couple's 40-year immigration fightAnthony Sullivan was a young Australian with Robert Redford looks. Richard Adams emigrated from the Philippines as a child and became an American citizen.
Presbyterians vote to allow same-sex marriageThe Presbyterian Church (U.S.A.) voted to allow pastors to marry same-sex couples in states where it is legal.