A decision from the U.S. Supreme Court on same-sex marriage will likely not be a shoo-in for gay rights proponents,
The Daily Beast reports, describing legal issues in the case of Obergefell v. Hodges as "not a slam dunk" as some have predicted.
"What the petitioners in the case are arguing… is whether there is a federal right to marriage (not simply gay marriage) — and whether that right applies to gay as well as straight couples," noted the Beast's Jay Michaelson of the issues in the case.
"The difference is a crucial one, and is at the root of why so many state and federal courts have ruled in favor of same-sex marriage," he wrote. "To conservatives, marriage means heterosexual marriage, and gay marriage is something else. To liberals, marriage means a legal union of two people, whether of the same or opposite sex. See the difference?"
Oral arguments begin on Tuesday in a much-watched case that offers lots of confusion, Michaelson notes of Obergefell v. Hodges, which actually combines cases from four states —- Ohio, Tennessee, Kentucky, and Michigan.
In its latest ruling, the court seeks to answer two questions: "Whether all states must issue marriage licenses to same-sex couples, and if they don't, whether they must recognize those issued by other states."
Added Michaelson: "Most attention has focused on the first question, since it would render the second one irrelevant."
Polls have shown that Americans in increasing numbers are accepting of gay marriages, marking a record high this year,
The Washington Post reported.
But while attitudes have shifted, the issue of federalism — states rights — may intervene in this case.
Seen as key in the latest decision is Justice Anthony Kennedy who has penned three of the court's most recent opinions on same-sex marriage,
The Wall Street Journal reported, noting that the Ronald Reagan appointee has become, over the years, "an unlikely champion for gay rights."
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