My bet is that the Justices will punt the decision until after they rule on the Defense of Marriage Act.
Now, the justices must decide whether to hear an appeal from the defenders of California’s Proposition 8, the 2008 voter initiative that limited marriage to a man and a woman.
At the same session Friday, the court will sift through several appeals to decide whether legally married gay couples have a right to equal benefits under federal law. Appeals courts in Boston and New York have struck down the part of the Defense of Marriage Act that denies such a right, and the justices are almost certain to take up a case to resolve that question.
The Proposition 8 case, known as Hollingsworth vs. Perry, presents justices with the more profound “right to marry” question.