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Gay Marriage: Both Sides in Debate See a Showdown Coming

By Jeffrey Knipmeyer on September 16, 2014

Chicago Marriage EqualityBoth sides on the same-sex marriage issue may disagree with each other on whether same-sex marriage should be legalized, but they seem to agree on one thing: the U.S. Supreme Court needs to settle the question.

With remarkable speed, state bans on same-sex marriage have been struck down by federal courts, and with the same remarkable speed many of those states have filed appeals to the U.S. Supreme Court. Officials in Utah, Oklahoma and Virginia have appealed rulings against their states’ same-sex marriage bans. Just recently Indiana and Wisconsin filed appeals after a federal appeals court in Chicago ruled against their bans.

Supreme Court Justice Ruth Bader Ginsberg has said that the time to decide the issue has come. “I think the court will not do what they did in the old days when they continually ducked the issue of miscegenation. If a case is properly before the court, they will take it,” she stated.

Currently, same-sex marriage laws are an inconsistent patchwork throughout the United States, with some states granting legal status while other states do not. For example, same-sex marriage is legal in Illinois, but it is not legal in Louisiana. A same-sex couple married in Illinois will find that their legal rights are not protected under Louisiana law should they move there because Louisiana does not recognize the validity of their marriage.

States rights advocates claim that only states have the right to establish laws concerning marriage. The pro-same-sex marriage camp believes that the Fourteenth Amendment to the United States Constitution and its equal protection under the law clause trumps state law.

The family law attorneys at Nottage and Ward, LLP in Chicago will be watching the progress of this very important issue as it unfolds. If you have any questions concerning family law, call us at (312) 332-2915 or contact us online to set up an appointment to speak with one of our experienced attorneys about your case.

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