A look at the legal issues set to be debated before the justices on Tuesday.
Pro-LGBT protesters hold a rainbow flag outside the Supreme Court building on April 25, 2015, countering the demonstrators who attended the March For Marriage in Washington, DC.
PAUL J. RICHARDS / Getty Images
WASHINGTON — On Tuesday, the Supreme Court will hear two-and-a-half hours of arguments about two questions. They're simple and direct:
1. Does the U.S. Constitution's Fourteenth Amendment require states to license a marriage between two people of the same sex?
2. Does the U.S. Constitution's Fourteenth Amendment require states to recognize the marriage between two people of the same sex when their marriage was lawfully licensed and performed elsewhere?
It's pretty straight-forward. And yet: More than 150 briefs have been filed with the justices, including the ones from the parties to the cases — state officials from Kentucky, Michigan, Ohio, or Tennessee and people challenging marriage or marriage recognition bans in each of those states.
But most of the briefs are amicus curiae, or friend of the court, briefs — arguments made by people and groups not directly involved in the case but have an interest in the outcome and believe they have information of value or a viewpoint of interest to the court on the issues. There were 78 amicus briefs filed in support of the same-sex couples — including one filed by the Obama administration. And 67 amicus briefs were filed in support of the states — including one by the U.S. Conference of Catholic Bishops.
The briefs offer a window into all the reasons that anyone could possibly argue for legalized marriage for same-sex couples — and against them. The parties' briefs and the Obama administration's brief, however, will be the only ones with a voice at the court on Tuesday — with 90 minutes of arguments to be held on the first question and 60 minutes set aside for the second question.
Mary Bonauto from Gay & Lesbian Advocates & Defenders (profiled by BuzzFeed News in 2013) will lead off the arguments in favor of marriage equality for 30 minutes, followed by 15 minutes from Solicitor General Donald Verrilli Jr. Then, John Bursch, Michigan's former solicitor general, will argue in defense of marriage bans for 45 minutes. Bonauto will then give a brief rebuttal.
Doug Hallward-Driemeier (interviewed by BuzzFeed News earlier this year) will lead of about 30 minutes of arguments on the recognition question, and Joseph Whalen from the Tennessee Attorney General's Office will defend the recognition bans for 30 minutes. Finally, Hallward-Driemeier will give a brief rebuttal.
And while the justices are free to ask whatever questions they want, here are the main legal issues laid out for argument.
Sophy Jesty, left, and Val Tanco, right, are interviewed on March 9, 2015 in Knoxville, Tenn.
Wade Payne / AP
The parties are raising challenges to the ban under two constitutional provisions of the Fourteenth Amendment: equal protection and "fundamental rights" protections.
When the Supreme Court hears cases about the Equal Protection Clause of the Constitution, the justices generally examine laws under the "rational basis" standard. Basically, for a law to be upheld, the government must show that the law is "rationally related" to a legitimate state interest. This is a relatively simple question — is there a legitimate reason for the law? — and is an easier, lower standard to meet.
In other words: The most basic question to be argued at the Supreme Court on Tuesday is whether the marriage and marriage recognition bans are, in effect, arbitrary.