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.