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Tumultuous Year Ahead for Same-Sex Marriage

By Chrstopher Dunn

Equal protection for gays and lesbians is the civil rights issue of our day. On the flashpoint topic of same-sex marriage, the significant litigation has been in state courts, as exemplified by the 2006 New York Court of Appeals ruling rejecting a state constitutional right to same-sex marriage in New York. Hernandez v. Robles, 7 N.Y.3d 338, 821 N.Y.S.2d 770 (2006).

With trepidation from an advocacy community wary of the Supreme Court, the fight over same-sex marriage has now shifted to federal court. Two disputes heading toward the High Court squarely present the issue that for decades to come may define the legal landscape for gays and lesbians: whether the Constitution's Equal Protection guarantees bar states and the federal government from denying marriage and marital benefits to same-sex couples.

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