Supreme Court Sets Same-Sex Marriage Argument Date

Author: David B. Weisenfeld, XpertHR Legal Editor

March 13, 2015

The Supreme Court has officially set April 28 as the date it will hear arguments that could decide the fate of same-sex marriage nationwide. The Court will hear four consolidated cases in Obergefell v. Hodges involving same-sex marriage bans in Michigan, Ohio, Kentucky and Tennessee.

Less than two years ago, the Court voted 5-4 to strike down the key provision of the Defense of Marriage Act (DOMA) as unconstitutional in United States v. Windsor. DOMA had denied federal benefits to same-sex couples, but the Windsor ruling enabled those couples residing in states where same-sex marriages are legal to become eligible for more than 1,000 federal benefits and protections linked to marital status.

Since then, a rapidly increasing number of states have recognized same-sex marriage either legislatively or through the courts. In all, gay marriage is now legal in 37 states. At the time of the Windsor ruling in June 2013, it was legal in 12 states plus the District of Columbia. A Wall Street Journal/NBC News poll released this week showed public support of same-sex marriage at an all-time high, with 59% of those polled in favor.

In addressing the four state same-sex marriage bans, the Supreme Court could resolve whether defining marriage is a question to be left to the states or whether the Constitution requires marriage equality for all nationwide.

A friend-of-the-court brief filed by 379 corporations and employer organizations is urging the justices to strike down state bans on same-sex marriage, including giants such as American Express, Coca-Cola and Google. The brief argues that business benefit from diversity and inclusion.

As evidence of the importance of the issue, the Court has set aside two-and-a-half hours for oral arguments and announced that audio of the case will be made available that same day. Supreme Court arguments typically take 60 minutes and this will be the only case of the 2014-2015 term for which same-day audio of a case before the justices will be released.

A decision is expected by the end of the Court's term in late June.