Sen. Mike Johanns says though it is difficult to predict how the United States Supreme Court will rule on an issue, indications are that the court is ready to strike down the Defense of Marriage Act.
Johanns says it appears a majority is emerging on the Supreme Court which concludes states define marriage.
“If that holds together, what that would mean is that the Supreme Court, kind of on a state’s rights theory, would say, ‘Look states you define what marriage will be, but Defense of Marriage Act would be unconstitutional,’” Johanns tells Nebraska Radio Network.
That, though, could cause problems.
Johanns suggests it might take years of litigation to determine how a same-sex couple married in one state will be treated under the law if it moves to a state that doesn’t recognize same-sex unions.
Supreme Court justices have heard arguments in two cases on whether homosexuals have a constitutional right to marry.
One case challenges Proposition 8, a voter-approved measure which limited marriage in California to one man and one woman. Many court watchers expect a narrow ruling on that case. The second challenges the constitutionality to the Defense of Marriage Act, adopted in 1996, that defined marriage in federal law as between one man and one woman.
AUDIO: Brent Martin reports [:40]