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Has the U.S. Supreme Court Already Decided the Same-Sex Marriage Question?

By William C. Duncan
October 06, 2005

In the three decades of litigation over the definition of marriage, challenges to state marriage laws in state courts have predominated. There have been exceptions and, recently, a number of decisions have addressed federal constitutional claims that the definition of marriage as the union of a man and a woman is discriminatory.

In fact, the very first case raising constitutional claims about state marriage laws was ultimately decided in a summary decision of the U.S. Supreme Court. Although generally treated as a footnote in the commentary on this litigation, this decision may play a central role in future federal litigation.

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