SALT LAKE CITY — The hot-button issue of same-sex marriage is once again at the forefront of politics, as two states recently passed legislation recognizing marriage for gay couples and a federal appeals court in California overruled Proposition 8.

With more states slowly recognizing marriage for gay couples, the question hanging in the balance is whether same-sex marriage legislation is inevitable?

On Feb. 13, Washington Gov. Chris Gregoire signed a bill legalizing same-sex marriage, adding it to a short list of states who have passed similar legislation, including Connecticut, District of Columbia, Iowa, Massachusetts, New Hampshire, New York and Vermont.

New Jersey, too, passed its own bill legalizing same-sex marriages, voting Feb. 16 to allow gay couples the benefit of marriage. New Jersey Gov. Chris Christie, who opposes such legislation, vetoed the bill Friday, saying the issue should be voted upon by the people of New Jersey in a statewide referendum.

Proponents of same-sex marriage, however, are optimistic more states will pass favorable legislation as Americans come around to the idea of gay marriage.

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Recent studies on public perception of gay marriage is shifting in favor of those supporting same-sex marriage. A study published by the Pew Research Center shows the trend in American attitude toward accepting gay marriage is growing, with more Americans leaning toward the acceptance of gay rights. Pew found that an average of 46 percent of Americans favor same-sex marriage, which has been slowly increasing over the last decade.

Pew's results comes as a major boost for proponents of gay marriage who have pushed for more than a decade to get states to recognize marriage rights for gays and lesbians. The study also shows that public perception about same-sex marriage is progressing among most demographics, being the first time in 15 years that public perception of same-sex marriage is evenly divided.

And with the growing support of gay marriage nationally, one has to wonder how long before every state is required to recognize gay marriage. Following California's federal appeals court overturning Proposition 8, the issue of same-sex marriage is expected to appear before the U.S. Supreme Court, but not without hesitation from the high court.

Much like the controversial abortion ruling of Roe v. Wade, the Supreme Court is hesitant to address such a hot- button issue before its been worked out through the regular democratic process. Courts generally defer to the democratic process before becoming involved in an issue. However, as same-sex legislation continues to battle in the lower courts, addressing the issue at the Supreme Court level is nearly inevitable, leaving the high court to ultimately determine the outcome.

While several factors play into the discussion of same-sex marriage, the court will likely have to address the Equal Protection Clause of the 14th amendment and its impact on U.S. commerce, in conjunction with the full faith and credit clause of Article IV, which requires states to respect the "public acts, records, and judicial proceedings of every other state."

The issue at hand with the 14th amendment deals strictly with the U.S. Constitution's text that reads no state should deprive a person of "life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

For the Supreme Court to rule on an equal protection case, evidence must be presented that a fundamental right has been withheld or that a suspect class — racial minorities, religion, women — has been institutionally discriminated against.

However, up until a few recent cases, legal precedent has not considered marriage a fundamental right and has not seen fit to classify it as a right guaranteed for every American. Opponents of same-sex marriage contend the right to marriage is not explicitly or implicitly described in the context of the Constitution, but is a state creation needing the people's seal of approval.

Related:

Appeals court throws out same-sex marriage ban

Same-sex marriage moved one step closer to the Supreme Court on Tuesday when a federal appeals court ruled California's ban unconstitutional, saying it serves no purpose other than to "lessen the status and human dignity" of gays.

Additionally, courts have not given gays and lesbians the protection of a suspect classification, which typically is given to a group that has historically been discriminated against, has an immutable or visible trait, has no political influence and the group's distinguishing characteristic does not inhibit it from contributing to society.

And while the issues addressed before the court could be discussed ad nauseam, there is a legitimate possibility that same-sex marriage legislation will be upheld by the Supreme Court. And if upheld to be constitutional, there is a high probability that states will be required to recognize marriage from other states, if not requiring all states to recognize marriage for gay couples.

In the meantime, opponents of same-sex marriage will continue to contend that marriage is not a fundamental right granted to gay couples and that states have the right to define marriage.

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