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Standing in the way of same-sex marriage cases?

Now that cases involving issue of same sex marriage – both on the state and federal level – have officially landed on the Supreme Court’s docket, the question turns to whether the justices will face the constitutional issue head on, or dispose of the cases on procedural grounds.

On Friday the Court agreed to take up the constitutional challenges to both the federal Defense of Marriage Act and California’s voter-approved measure Proposition 8, which bans gay marriage in that state. The parties and other stakeholders are hoping the Court rules on whether or not the laws violate constitutional equal protection principles.

But in both cases, the justices asked the parties to address whether the petitioners have standing to sue. That puts into play the possibility that the Court could avoid addressing the constitutional issue at all.

For more on the cases and other Supreme Court news, check out our Supreme Court Report.


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