Public debate over same-sex marriage returns to the Supreme Court . It takes just four justices to put such petitions on the docket , but five to ultimately prevail on the merits . `` The stakes are incredibly high for Americans and for the legacy of the Roberts court , '' said Elizabeth Wydra , chief counsel of the progressive Constitutional Accountability Center . The justices will hear arguments in two cases on Tuesday and Wednesday that could affect whether states can ban gay marriage. Same-sex marriage laws are decided by states , resulting in legal patchwork across U.S .
Public debate over same-sex marriage returns to the Supreme Court . The justices will hear arguments in two cases on Tuesday and Wednesday that could affect whether states can ban gay marriage. Same-sex marriage laws are decided by states , resulting in legal patchwork across U.S .