Does the Supreme Court Care That Americans Support Gay Marriage?

It shouldn’t matter to the Supreme Court that the public supports gay marriage, but some academics believe it will.

Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. The rights of married same-sex couples will come under scrutiny at the US Supreme Court on Wednesday in the second of two landmark cases being considered by the top judicial panel. After the nine justices mulled arguments on a California law that outlawed gay marriage on Tuesday, they will take up a challenge to the legality of the Defense of Marriage Act (DOMA). The 1996 law prevents couples who have tied the knot in nine states -- where same-sex marriage is legal -- from enjoying the same federal rights as heterosexual couples. AFP PHOTO/Jewel Samad (Photo credit should read JEWEL SAMAD/AFP/Getty Images)

Photographer: JEWEL SAMAD/AFP/Getty Images

As Noah Rothman of the conservative blog Hot Air put it Friday, polls show that “gay marriage is so popular that even Republicans are coming around.” A new CNN/ORC poll found that 63 percent of Americans side with gay and lesbian couples on their constitutional right to marry. That’s up from 49 percent in August 2010. Even 42 percent of Republicans and 43 percent of conservatives said they agree gays and lesbians should be permitted to wed.

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