The US Supreme Court will rule this term on whether the constitutional guarantee of equal protection under the law gives same-sex couples the right to marry. Readers of the Bulletin will recall our previous report on the Supreme Court’s refusal to hear appeals from four States who have sought to maintain a prohibition on same-sex marriage despite a 2013 High Court decision finding any such ban to be unconstitutional. The Supreme Court’s decision was considered a major victory, which allowed for the immediate expansion of same-sex marriage from 19 states to 24. That number has since risen to 36 states, which means that more than 70% of Americans now live in areas where same-sex marriage is legal. It will be the fourth time in 27 years that the US Supreme Court will decide on a major LGBT rights issue, showcasing the shifting societal norms.
The ruling will focus only on the whether the constitution obligates States to issue marriage licences to same-sex couples and to recognise same-sex marriages performed out of state. Click here for analysis of the constitutional arguments open to the Supreme Court.
This decision comes at a time when Ireland is preparing to hold a referendum in May of this year on whether to allow same-sex marriage, as a progression from The Civil Partnership Act which was introduced by the Irish Government in 2010 to provide rights and recognition to same-sex couples. If the referendum is passed it will mean that the full legal protections of marriage will be afforded and available to same-sex couples.