By Special Contributor Larry Kane

PHILADELPHIA (CBS) – One of the most controversial issues in America may get a going over at the highest court.

The Supreme Court may announce on Monday whether or not it will hear cases on the legality of same sex marriage.

In a new CBS News polling 51 percent of Americans approve of same sex marriage, 40 percent do not. More women than men approve of the marriages and more Democrats than Republicans.

If the court does decide it will be its biggest decision since the decision on the new health care law.

Same sex marriage and legal abortion are two of the hottest social issues in the country.

In the election this year voters of three more states voted to legalize same sex marriage.