Same-Sex Marriage: A Legal Overview

Summary

This report provides background on, and analysis of, significant legal issues surrounding the same-sex marriage debate. It begins by providing background on the constitutional principles that are often invoked in attempting to invalidate same-sex marriage bans--namely, equal protection and due process guarantees. Then, it discusses key cases that led to the existing circuit split on the constitutionality of state same-sex marriage bans. Finally, this report explains the central issues in the circuit split and analyzes how the Supreme Court might resolve them on appeal.