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For the first time in 45 years, since the US Supreme Court ruled unanimously, in 1967, that the US Constitution did not permit states to bar persons from marrying based upon race, the Court has agreed to hear not one but two cases involving fundamental rights to marry and guarantees of equal protection under the US Constitution. On 7 December 2012 the US Supreme Court agreed to hear two cases on same-sex marriage - the first time the Court has agreed to review challenges to federal law - both statutory and constitutional-barring or limiting recognition of same-sex marriage rights. The decision of the court could well be one of the most significant of a generation. Beyond that, there is little agreement.
By Richard Wilson, Partner, Grund & Leavitt, Chicago
The full version of this article appears in the March 2013 issue of International Family Law.
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