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He quit a private law firm last year after it dropped its defence of a law forbidding the federal government from recognising same sex marriages.
In that case, the court overturned the 1996 federal Defense of Marriage Act (Doma), which barred the federal government from recognising same sex marriages.
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Not every state is moving toward recognising same-sex marriages.
Last week the legislatures in both Maine and New Hampshire passed bills recognising same-sex marriage.
Another 33 Liberals defied Mr Martin and voted with the Conservatives to kill a government bill recognising same-sex marriage.
A second case, over a federal law preventing the government from recognising same-sex unions, is to be heard on Wednesday.
Iowa, Vermont have in the past week legalised same-sex marriage, and the Washington, DC city council yesterday passed a law recognising same-sex marriages in other states.
The video drew particular attention to Davis, who is reportedly one of three of Kentucky's 120 county clerks who claim that their religious convictions prevent them from recognising same-sex unions.
The cases presented to the court range from complaints against state adoption policies for same-sex couples, state definitions of marriage and state bans on recognising same-sex marriages conducted out-of-state.
The state legislature has twice passed bills recognising same-sex marriages; both bills were vetoed by Arnold Schwarzenegger, the governor, who argued that the issue ought to be resolved by the courts.
She said the university, which was founded by the Church of England, made the decision to follow the church's position of not recognising same-sex civil partnerships when legislation was passed in late 2005.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com