Q&A: A look at the Supreme Court's range of options on gay marriage

Published: Sunday, June 23 2013 12:57 p.m. MDT

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Associated Press
As in the Proposition 8 case, there are questions about whether the House Republican leadership has standing to bring a court case to defend the law because the Obama administration decided not to.

House Republicans argue that the administration forfeited its right to participate in the case because it changed its position and now argues that the provision is unconstitutional.

If the Supreme Court finds that it does not have the authority to hear the case, Windsor probably would still get her refund because she won in the lower courts, but there would be no definitive decision about the law from the nation's highest court and it would remain on the books. It is possible the court could leave in place appeals court rulings covering seven states with same-sex marriage: Connecticut, Maine, Massachusetts, New Hampshire, New York, Rhode Island and Vermont.
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plainbrownwrapper
Nashville, TN

I can't wait for the decisions coming up this week.

There is no way that the court will uphold either Prop 8 or DOMA in their entireties. The real question is going to be seeing just how far the justices are willing to go. Will they wimp out and declare that the House Republicans lack standing, or will they show the courage to throw these things out altogether?

Any decisions they are likely to make will be moving in the right direction, towards full citizenship for gay people. But will this be a small step, or a giant leap? I'll be glued to my news outlets.

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