Does the judicial branch support same-sex marriage?

Answer 1

The judicial branch has on many occasions been asked to evaluate the constitutionality of laws limiting marriage to same-sex couples. Many times, courts have ruled that such laws are unconstitutional as they violate the Equal Protection Clause (14th Amendment) and do so for no legitimate reason when the standard of review is that of intermediate scrutiny. In several instances, courts have ordered states to provide the same benefits as legal marriage to same-sex couples and this has sometimes resulted in the legislation of civil unions. In other cases, courts have ordered states to permit same-sex couples to marry.

Sometime before June 30, 2013, the United States Supreme Court is likely to rule on the constitutionality of California's Proposition 8 and Section 3 of the Defense of Marriage Act ("DOMA"). This could potentially result in the return of same-sex marriage to California and the legal recognition of same-sex marriages by the US federal government.

Answer 2

There has been increasing support for same-sex marriage among the federal judiciary, in response to the legislature's failure to effectively address the issue.