Top U.S. court appears on cusp of declaring right to gay marriage The U.S. Supreme Court’s arguments on Tuesday over same-sex marriage will cap more than two decades of litigation and a transformation in public attitudes. Based on the court’s actions during the past two years, a sense of inevitability is in the air: That a majority is on the verge of declaring gay marriage legal nationwide. Justice Anthony Kennedy, the court’s pivotal member on gay rights, has been marching in this direction with opinions dating to 1996. In his most recent gay rights decision for the court in 2013, rejecting a legal definition of marriage limited to a man and woman for purposes of federal benefits, Kennedy deplored that U.S. law for making gay marriages “unequal.”

That 5-4 decision did not address a constitutional right to same-sex marriage, but lower court judges interpreted the ruling as an endorsement of it and began invalidating state bans. When states appealed rulings striking down their same-sex marriage prohibitions, the Supreme Court declined to intervene, most notably in October 2014 when it denied appeals in seven cases on a single day.Instead, the nine justices are hearing in Tuesday’s oral arguments an appeal of the sole decision from a regional U.S. appeals court that went the opposite way. Last November, the Cincinnati-based U.S. Court of Appeals for the 6th Circuit upheld gay marriage bans in Ohio, Michigan, Kentucky and Tennessee. MORE