Two same sex couple kiss in front anti (Credit: Getty KAREN BLEIER)

Two same sex couple kiss in front anti gay protesters at the US Supreme Court on March 27, 2013 in Washington, DC. The Supreme Court, for the first time, takes up the delicate and divisive issue of gay marriage when the nine justices consider the legality of a California ballot initiative that limits marriage to opposite-sex couples. Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which limits the definition of marriage to opposite-sex couples. AFP PHOTO/Karen BLEIERKAREN BLEIER/AFP/Getty Images

PHOTOS: Same-Sex Marriage Debate

The Supreme Court waded into the fight over same-sex marriage Tuesday, at a time when public opinion is shifting rapidly in favor of permitting gay and lesbian couples to wed, but 40 states don't allow it.

Two same sex couple kiss in front anti
(Credit: Getty KAREN BLEIER)

Two same sex couple kiss in front anti gay protesters at the US Supreme Court on March 27, 2013 in Washington, DC. The Supreme Court, for the first time, takes up the delicate and divisive issue of gay marriage when the nine justices consider the legality of a California ballot initiative that limits marriage to opposite-sex couples. Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which limits the definition of marriage to opposite-sex couples. AFP PHOTO/Karen BLEIERKAREN BLEIER/AFP/Getty Images

Same-sex marriage supporters demonstrate in front of the
(Credit: Getty JEWEL SAMAD)

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 SamadJEWEL SAMAD/AFP/Getty Images

Gay pride flags flying at the US Supreme
(Credit: Getty KAREN BLEIER)

Gay pride flags flying at the US Supreme Court on March 27, 2013 in Washington, DC. The Supreme Court, for the first time, takes up the delicate and divisive issue of gay marriage when the nine justices consider the legality of a California ballot initiative that limits marriage to opposite-sex couples. Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which limits the definition of marriage to opposite-sex couples. AFP PHOTO/Karen BLEIERKAREN BLEIER/AFP/Getty Images

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A Gay marriage supporter holds a placard at
(Credit: Getty KAREN BLEIER)

A Gay marriage supporter holds a placard at the US Supreme Court on March 27, 2013 in Washington, DC. The Supreme Court, for the first time, takes up the delicate and divisive issue of gay marriage when the nine justices consider the legality of a California ballot initiative that limits marriage to opposite-sex couples. Wednesday, the court will consider the 1996 federal Defense of Marriage Act (DOMA), which limits the definition of marriage to opposite-sex couples. AFP PHOTO/Karen BLEIERKAREN BLEIER/AFP/Getty Images

Supporters of same-sex marriage demonstrate in front of
(Credit: Getty Images)

Supporters of same-sex marriage demonstrate in front of the U.S. Supreme Court in Washington. The rights of married same-sex couples will come under scrutiny at the court in the second of two landmark cases being considered by the top judicial panel. (March 27, 2013)

Same-sex marriage supporters and same-sex marriage opponents argue
(Credit: Getty SAUL LOEB)

Same-sex marriage supporters and same-sex marriage opponents argue their points in front of the US Supreme Court on March 26, 2013 in Washington, DC, as the Court takes up the issue of gay marriage. The US Supreme Court on Tuesday heard arguments on the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO / Saul LOEBSAUL LOEB/AFP/Getty Images

Same-sex marriage supporters talk with same-sex marriage opponents
(Credit: Getty SAUL LOEB)

Same-sex marriage supporters talk with same-sex marriage opponents in front of the US Supreme Court on March 26, 2013 in Washington, DC, as the Court takes up the issue of gay marriage. The US Supreme Court on Tuesday heard arguments on the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO / Saul LOEBSAUL LOEB/AFP/Getty Images

A same-sex marriage supporter waves a rainbow flag
(Credit: Getty SAUL LOEB)

A same-sex marriage supporter waves a rainbow flag in front of the US Supreme Court on March 26, 2013 in Washington, DC, as the Court takes up the issue of gay marriage. The US Supreme Court on Tuesday heard arguments on the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO / Saul LOEBSAUL LOEB/AFP/Getty Images

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CROPPED VERSION - Opponents of same-sex marriage participate
(Credit: Getty NICHOLAS KAMM)

CROPPED VERSION - Opponents of same-sex marriage participate in the March for Marriage in Washington on March 26, 2013 as the US Supreme Court hears arguments on California's Proposition 8 ban on same-sex marriage. AFP PHOTO/Nicholas KAMMNICHOLAS KAMM/AFP/Getty Images

Members of the New York Hispanic Clergy Organization
(Credit: Getty KAREN BLEIER)

Members of the New York Hispanic Clergy Organization pray in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

Members of the New York Hispanic Clergy Organization
(Credit: Getty KAREN BLEIER)

Members of the New York Hispanic Clergy Organization shout anti gay marriage slogans in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

Pro gay marriage activists, stand in front of
(Credit: Getty KAREN BLEIER)

Pro gay marriage activists, stand in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

A pro gay marriage activist, stands in front
(Credit: Getty KAREN BLEIER)

A pro gay marriage activist, stands in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

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(Credit: Getty KAREN BLEIER)

"Queen" a pro gay marriage activist, poses in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

(Credit: Getty KAREN BLEIER)

"Queen" a pro gay marriage activist, poses with friends while marchinn in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

(Credit: Getty KAREN BLEIER)

"Queen" a pro gay marriage activist, dances in front of the US Supreme Court March 26, 2013 in Washington, DC. Same-sex marriage takes center stage at the US Supreme Court on Tuesday as the justices begin hearing oral arguments on the emotionally-charged issue that has split the nation. AFP PHOTO / Karen BLEIERKAREN BLEIER/AFP/Getty Images

Opponents and supporters of same-sex marriage converge in
(Credit: Getty NICHOLAS KAMM)

Opponents and supporters of same-sex marriage converge in front of the US Supreme Court as the March for Marriage arrives at the court in Washington,DC on March 26, 2013. The court is hearing arguments on California's Proposition 8 ban on same-sex marriage. AFP PHOTO/Nicholas KAMMNICHOLAS KAMM/AFP/Getty Images

Same-sex marriage supporters shout slogans in front of
(Credit: Getty JEWEL SAMAD)

Same-sex marriage supporters shout slogans in front of the US Supreme Court on March 26, 2013 in Washington, DC. The US Supreme Court on Tuesday takes up the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO/Jewel SamadJEWEL SAMAD/AFP/Getty Images

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A drag queen dances in front of opponents
(Credit: Getty NICHOLAS KAMM)

A drag queen dances in front of opponents and supporters of same-sex marriage converging in front of the US Supreme Court as the March for Marriage arrives at the court in Washington on March 26, 2013. The court is hearing arguments on California's Proposition 8 ban on same-sex marriage. AFP PHOTO/Nicholas KAMMNICHOLAS KAMM/AFP/Getty Images

Same-sex marriage supporters shout slogans in front of
(Credit: Getty JEWEL SAMAD)

Same-sex marriage supporters shout slogans in front of the US Supreme Court on March 26, 2013 in Washington, DC. The US Supreme Court on Tuesday takes up the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO/Jewel SamadJEWEL SAMAD/AFP/Getty Images

Same-sex marriage supporters wave a rainbow flag in
(Credit: Getty JEWEL SAMAD)

Same-sex marriage supporters wave a rainbow flag in front of the US Supreme Court on March 26, 2013 in Washington, DC. The US Supreme Court on Tuesday takes up the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO/Jewel SamadJEWEL SAMAD/AFP/Getty Images

Two young girls shout slogans as they join
(Credit: Getty JEWEL SAMAD)

Two young girls shout slogans as they join anti same-sex marriage supporters in front of the US Supreme Court on March 26, 2013 in Washington, DC. The US Supreme Court on Tuesday takes up the emotionally charged issue of gay marriage as it considers arguments that it should make history and extend equal rights to same-sex couples. Waving US and rainbow flags, hundreds of gay marriage supporters braved the cold to rally outside the court along with a smaller group of opponents, some pushing strollers. Some slept outside in hopes of witnessing the historic hearing. AFP PHOTO/Jewel SamadJEWEL SAMAD/AFP/Getty Images

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