Marriage equality was once again the topic of arguments before the US Supreme Court, on Tuesday. This comes after same-sex marriage bans were upheld by the sixth-circuit court of appeals last year.

Before the decision from the sixth circuit, the momentum behind marriage equality was growing as federal courts were striking down same-sex marriage bans – including in the fourth circuit court of appeals which has jurisdiction over North Carolina.

Legal Director of the ACLU of North Carolina Chris Brook says the Supreme Court decided to hear a same-sex marriage case only once there was division among federal courts.

“What the Supreme Court is hearing is the appeal from the sixth-circuit court of appeals,” he says, “upholding marriage bans in Tennessee, Kentucky, Ohio, and Michigan.”

CBS News Washington DC Correspondent Barry Bagnato says two key questions were put before the nation’s high court.

“Whether the Constitution requires that state’s license same-sex marriages,” he says, “and if not, whether states must recognize legally-licensed marriages from other states.”

Bagnato says the ultimate decision will consider the reach of the constitution.

“It really boils down to whether the 14th amendment gives gay and lesbian couples equal access to a right of marriage that’s already established all over the country,” he says.

“Or whether states have their own authority to determine what marriage is based on the country’s tradition, based on the history, and based on what the citizens in those states believe that marriage should be.”

Brook agrees with Bagnato that the focus will be on Justice Anthony Kennedy.

“[Kennedy] has been the swing vote on legal matters,” Brook says, “relating to the rights and full equality of gays and lesbians.”

Brook adds with the recent decisions from the Supreme Court, including that the justices only chose to hear a case after marriage bans were upheld, could lead to a ruling in favor of marriage equality.

“That would simply further cement marriage equality that has already taken hold here in North Carolina in the last six months,” he says. “And further cement the marriages that have been recognized since Amendment One and the statutory ban on marriage were declared unconstitutional on October 10, here in North Carolina.”

Bagnato says he is not as sold the decision that will be handed down will be as cut and dry.

“It’s very difficult to believe that the court is going to come down with something that is just clear cut,” Bagnato says. “Almost surely there is going to be a split on the court when the final ruling comes down.”

Bagnato says a lot could be swayed in this discussion based on the way in which the Supreme Court writes its opinion.

Brook adds the wording and breadth of the decision will determine its effect on the Tar Heel state.

“If it is an opinion that is specific to those four states – Tennessee, Kentucky, Ohio, or Michigan – it might have no impact,” Brook says. “If it’s a broader constitutional ruling on saying that the 14th amendment, and its guarantee of equal protection, does not extend to marriage equality, then that could have ramifications here in North Carolina.”

The arguments were put forward over a two-and-a-half hour session in front of the Supreme Court. Now the waiting game is being played until a decision is handed down – which is expected to be in late June.

Regardless of the decision, Bagnato says the attention this has brought from the public to the Supreme Court is very rare.

“I think this compares to cases such as Bush v. Gore – the famous case in the year 2000 that decided the Presidential election,” he says. “And also just 22 months ago this court issued a ruling in another major same-sex marriage case on federal benefits for same-sex couples.

“That case also attracted long lines and significant interest.”