Supreme Court takes on same-sex marriage

Do same-sex couples have the same constitutional right to marry? It the question before the U.S.Supreme Court. The answer could affect the lives of same-sex couples across the country and in the Coachella Valley.

Tuesday the 9 Justices listened to 2 and 1/2 hours of oral arguments on what will undoubtedly be a historic case

“This is a huge deal,” said News Channel 3 and CBS Local 2’s legal analyst David Greenberg.

The U.S. Supreme Court will decide if same-sex couples have the right to marry or if the issue of gay marriage should be left up to voters and lawmakers in each individual state.

“The question is do the states have the right to ban same-sex marriage, so its sort of an equal protection verses a states right argument,” said Greenberg.

Right now it’s legal in 37 states, including California. If the nation’s highest court declares bans on same-sex marriage unconstitutional, it will extend to all 50 states.

If the Justices say states can set their own rules for marriage, our legal analyst says it could turn back the clock on the ruling that allowed same-sex marriages in California.

“Californians, remember, voted that gay marriage was unconstitutional. That was overturned by the 9th Circuit,” said Greenberg. “If the Supreme Court says no, the voters in California should be allowed to do that, that could undo the 9th Circuit Court’s ruling and affect all gay marriage in the state of California.”

The 9th Circuit Court ruling is part of the reason the high court is taking up the issue.

“The federal rules have to the be same across the whole country, so if one circuit of federal courts have decided a case one way, like the sixth circuit and one circuit of courts, like ours the 9th, has decided a case differently, the Supreme Court has to make that decision so it’s universal across the country,” said Greenberg.

If that universal decision is in favor of state’s rights the justices will take up a second issue.

“Your gay marriage is legal in California, does Michigan have to recognize it?” said Greenberg,

A decision is expected by the end of June.