WASHINGTON – History is being made in Washington D.C. as the Supreme Court is hearing arguments on whether gay couples have a constitutional right to get married.
Tuesday morning's oral arguments mark a truly a critical moment for supporters of same-sex marriage and for those who oppose it.
Same-sex marriage is currently legal in 37 states. Now the nation's highest court will determine whether to make it legal in all 50 states by declaring bans on same-sex marriage unconstitutional.
The second question before the court is, should states be required to at least recognize same-sex marriages performed in other states as legal.
The issue was raised by Jim Obergefell, whose husband, John, died of ALS. Obergefell is not listed as a surviving spouse on the death certificate because the state of Ohio doesn't recognize their Maryland marriage.
"I'm just trying to do what's right for John," Obergefell said. "Our very personal fight we started that summer is going to affect millions of people."
The historic decision will come down to how the nine men and women read the 14th amendment's guarantee of due process and equal protection under the law.
Opponents argue that this is a states-rights issue because the constitution doesn't define marriage. That means, they argue, that the gay marriage bans are not discriminatory.
The court allotted two and a half hours for the oral arguments Tuesday morning, an almost unheard of amount of time for the Supreme Court. A decision is expected in June.
Follow Local 10 News on Twitter @WPLGLocal10