U.S. Supreme Court to Decide Whether to Declare Same-Sex Marriages Legal Nationwide in All States

On Tuesday, April 28, the U.S. Supreme Court will hear oral arguments from supporters and opponents of same-sex marriage, as it decides whether to uphold the policy or strike it down.

The case, Obergefell v. Hodges, has drawn nationwide interest. People were already lining up outside the Supreme Court in Washington, D.C., as early as Friday, hoping to get a chance to be in the courtroom when the oral arguments begin, according to a CBS news report.

The case stemmed from a lawsuit filed by a gay couple in 2013 accusing the state of Ohio of discrimination when it refused to recognize their marriage held in Maryland.

A U.S. District Court ruled in favor of the couple last year but the Sixth Circuit Court of Appeals reversed the decision last November, upholding Ohio's ban on same-sex marriage.

Based on the actions taken by the Supreme Court for the past two years, a majority vote in favor of declaring gay marriage legal nationwide is expected, a Reuters report has said.

All eyes will be on Justice Anthony Kennedy, the court's pivotal member on gay rights. Kennedy has been advocating the legalization of gay marriage since 1996. In his most recent decision in 2013, Kennedy rejected a legal definition of marriage limited to a man and woman for purposes of federal benefits as he deplored a United States that would made gay marriages "unequal."

That 5-4 Supreme Court decision against a restrictive definition of marriage at that time was interpreted by lower court judges as an endorsement of same-sex marriage and began invalidating state bans.

When states appealed court rulings scrapping same-sex marriage prohibitions, the Supreme Court declined to intervene.

With 37 of the 50 states now permitting gay marriage, many because of judicial orders, analysts said the country's highest court is unlikely to reverse course. Moreover, popular support for gay marriage has been mounting as shown in public opinion polls. A Supreme Court ruling on the case at hand is due by the end of June.

The Supreme Court is set to resolve the question on whether the 14th Amendment requires a state to license a marriage between two people of the same sex and whether it requires a state to recognize a marriage between two people of the same sex when their marriage was held outside the state.

According to the Supreme Court, it will provide audio recording and transcript of the oral arguments.

Those who will argue for same-sex marriage are Mary Bonauto, Civil Rights Project Director for Gay and Lesbian Advocates and Defenders, and attorney Douglas Hallward-Driemeier.

"The road that we've all travelled to get here has been built by so many people who believe that marriage is a fundamental right. Same-sex couples should not be excluded from the joy, the security, and the full citizenship signified by that institution. I believe the Court will give us a fair hearing, and I look forward to the day when all LGBT Americans will be able to marry the person they love," Bonauto said.

Arguing against same-sex marriage are John Bursch and Joseph Whalen.

On Saturday, opponents of gay marriage including religious groups held a rally outside the U.S. Capitol.