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The U.S. Supreme Court heard arguments Tuesday onwhether gays and lesbians have the constitutional right to marry. Dependingon how the court votes, it could lead to legalization of same-sex marriageacross the U.S. Or the court could leave things the way they are now. Eachstate has the right to decide whether to allow same-sex marriage.

Gays and lesbians can now legally marry in at least 36 states andWashington, D.C. Justice Anthony Kennedy is one of the nine justices on the nation’s highest court. He wrote the court’s three previous gay rightsdecisions. All eyes and ears were on Justice Kennedy to see if he wouldshow which way he was leaning on the issue. But he did not tip his hand.

Shelly Bailes, 74, left, and her wife, Ellen Pontac, 73, of Davis, Calif., kiss in front of the Supreme Court in Washington, where justices were hearing arguments in same-sex marriage cases, April 28, 2015. (AP Photo/Cliff Owen)

Two years ago in another case, called United States v. Windsor, the country’shighest court threw out the federal Defense of Marriage Act. It said the lawwas unconstitutional and no longer valid. That meant that the federalgovernment now recognizes same-sex marriages for the purpose of federalbenefits such as tax and inheritance laws.

Justice Kennedy wrote that opinion.

Tuesday, he appeared to share the concern of the conservative justices whenhe said that marriage has been defined for a long time as between one manand one woman.

During the arguments, the justices indicated where they might stand on theissue of whether states can continue to define marriage as the union of a manand a woman, or whether the Constitution provides same-sex couples theright to marry.

Four states, Kentucky, Michigan, Ohio and Tennessee, brought the casesbefore the court. A federal appeals court in Ohio upheld the states’ bansagainst same-sex marriage last November. Lawyers for the four statesargued in a paper given to the Supreme Court, that “This case is not about thebest marriage definition." Lawyer John Bursch wrote, “Who decides, thepeople of each state” or the federal courts?

Lawyers for same-sex marriage argue that it comes down to fairness. Theyalso point to the 1967 case of Loving v. Virginia, in which the U.S. SupremeCourt struck down the state bans on interracial marriage. The justices saidthen that those bans violated the constitutional rights of interracial couples.

In general, the conservative justices showed their support for the states. And the court’s liberal justices indicated their support of gays and lesbians tomarry across America.

Legal scholars expect the case to end up in a close 5-4 ruling. Some believethe Supreme Court already has shown how it might decide.

“I think the writing is on the wall,” said Nan Hunter, a Georgetown Universitylaw professor. “I think almost everyone believes that it is just a matter of timebefore gay couples can marry anywhere in the United States.”

The court is expected to decide later this summer how it will rule on the case.

I'm Anne Ball.

Anne Ball wrote this story for Learning English with material from VOA and The Associated Press. Hai Do was the editor.

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Words in This Story

constitutional – adj. allowed by a country's constitution

legalization – noun. allow something by law

tip his hand – idiom. to show what one thinks

valid – adj. acceptable according to the law

indicate - v. to show something

upheld –v. (past) support or defend a law

interracial – adj. involving people of two or more races