Today's gay marriage arguments: What you need to know

Richard Wolf | USA TODAY

Show Caption Hide Caption People line up for Supreme Court gay marriage case People are lined up on the sidewalk at the Supreme Court to make sure to have a seat for Tuesday's oral arguments on a collection of gay marriage cases.

WASHINGTON — When the Supreme Court assumes the bench Tuesday to hear historic oral arguments on same-sex marriage, only a few hundred lucky souls will be able to watch. Herewith, then, a non-viewers' guide for those who want to follow along.

Q: What is the court considering?

A: Two questions: Does the 14th Amendment require states to license same-sex marriages? And does it require them to recognize those marriages performed in other states?

Q: Who is bringing the challenge?

A: There are 32 plaintiffs — couples, widows, even a 2-year-old child — whose six separate lawsuits against same-sex marriage bans in Ohio, Michigan, Tennessee and Kentucky were denied in November at the U.S. Court of Appeals for the 6th Circuit.

Q: How will things work in court?

A: There will be 2½ hours of debate involving 14 people — the nine justices and five lawyers. For 90 minutes, same-sex marriage pioneer Mary Bonauto and U.S. Solicitor General Donald Verrilli will argue against the bans, while former Michigan solicitor general John Bursch defends them. Then, Douglas Hallward-Driemeier and Tennessee Associate Solicitor General Joseph Whalen will debate whether states must recognize other states' same-sex marriages.

Q: When will written transcripts, audio transcripts or video feeds be released?

A: The first written and audio transcripts will be available on the court's website at about 12:30 p.m. The full transcripts and audio should be up around 2 p.m. The court does not allow cameras, so there will not be any video available.

Q: When will a decision be announced?

A: Not until the end of June — most likely on the last day of the court's term.

Q: What has the court ruled on previous cases involving gay rights?

A: It ruled against same-sex marriage in 1972 in a one-sentence decision "for want of a substantial federal question," and it upheld state laws against sodomy in 1986. But starting in 1996, it struck down laws allowing discrimination against gays, banning sodomy and denying federal benefits to legally married same-sex couples.

Q: What is the status of same-sex marriage in the United States?

A: Massachusetts was the first state to legalize the practice in 2003 as a result of a state court ruling. By 2013, when the Supreme Court decided the federal benefits case United States v. Windsor, there were a dozen states. Since then, the number has risen to 37, almost all as a result of federal court rulings.

Q: What do the plaintiffs argue, and who is on their side?

A: They say marriage is a fundamental right for any two people regardless of gender, and that the Due Process and Equal Protection clauses of the Constitution give gays and lesbians equal marriage rights. More than 75 briefs were submitted on their behalf, including from major business leaders and most Democrats in Congress.

Q: What do the states argue, and who is on their side?

A: They say the prohibitions have a rational basis, were not enacted out of animus toward gays and lesbians, and are a matter of states' rights. They also say same-sex marriage may harm the institution of marriage and is not in the best interest of children. More than 60 briefs were submitted on their side, including from religious groups and Republican officials.

Q: Where do the justices stand?

A: The court's four liberals have been staunch defenders of gay marriage rights, while at least three conservatives are opponents. That leaves Justice Anthony Kennedy and, possibly, Chief Justice John Roberts in the middle.

Kennedy has authored the last three decisions upholding gay rights and is widely anticipated to be the key to the case. Roberts is a potential wild card who could provide a 6th vote for gay marriage — if there are five to begin with — or could vote only to require that states recognize out-of-state marriages.

Q: What happens after a decision is rendered?

A: Any ruling for gay challengers would make same-sex marriage legal nationwide, adding 13 states to the 37 that already permit it. Two more numbers would rise — the number of gay marriages, and the number of challenges from opponents claiming religious objections.

A ruling in favor of the four Midwestern states could lead some of the 22 states in which federal courts struck down gay marriage bans to seek their reinstatement. Eleven states that legalized it legislatively and four where state courts made the call would not be immediately affected.

Gay marriage, state by state: Key rulings