Last month, a federal judge canceled a ban on same sex marriage in Michigan. The judge said the ban violates the US Constitutions guarantees of equal protection under the law. Several hundred marriages were performed in Michigan in late March. Michigans governor has said the marriages are legal, but his state will not recognize them. The move blocked some state assistance meant only for traditional married couples.
Americans are still talking about the US Supreme Courts ruling in the Defense of Marriage Act. Professor Ari Waldman says the beliefs of Justice Anthony Kennedy have had an effect on the decisions of lower courts. He says Justice Kennedy does not believe that tradition should be used as a reason to keep same-sex couples from being married.
There is no doubt that the state bans on same-sex marriage are on thin ice. Justice Kennedy was pretty clear about the guarantee of equality for gay couples. With each decision, more and more people in this country are living in marriage equality states, which means that more and more people are going to live in a world where gay couples are getting married.
Professor Waldman expects courts to rule on same-sex marriage bans in as many as 10 states this year. And he says one or two states may legalize gay marriage either through the legislative process or by special elections. He says the issue is likely to return to the Supreme Court, but he is not sure when.
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