Why the Supreme Court is Set to Make History on Gay Marriage

TIME

The fight for same-sex marriage rights in the United States has reached its final round. On Friday, the Supreme Court announced that it will hear arguments on whether state laws that ban these unions violate the constitution.

There’s not much question which way the decision will go: same-sex couples are going to prevail. The logic is plain:

In 2013, the court—the very same nine justices—struck down the Defense of Marriage Act. The plaintiff was a lesbian spouse whose marriage was recognized under New York law. The court ruled that the Constitution bars the federal government from treating traditional marriages differently from same-sex marriages in states that legalize both.

Read more: How Gay Marriage Won

Now the court will apply the same reasoning to state laws. Does the constitution allow states to discriminate when Congress cannot? Can the 14 states that still ban same-sex unions refuse to recognize marriages…

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