The justice whom many observers view as the swing vote in the case, Justice Anthony Kennedy, voiced worry at one point during the argument that proponents of same-sex marriages were asking the court to issue a decision that would “go into uncharted waters.”
After the oral argument, Pete Williams of NBC News reported that it seemed “quite obvious that the U.S. Supreme Court is not prepared to issue any kind of sweeping ruling” declaring that same-sex couples have a constitutional right to marry.
Williams said there seemed to be “very little eagerness” from any of the justices to “embrace that broad a ruling.”
At issue Tuesday was California’s Proposition 8, the state constitutional amendment enacted by voters in 2008 that limits marriage to one man-one woman couples. Those seeking to have the court strike down Proposition 8 argue that the Equal Protection Clause of the Fourteenth Amendment includes a right for same-sex couples to marry. Read more from this story HERE.
SCALIA: ‘When Did It Become Unconstitutional To Exclude Homosexual Couples From Marriage?’
By Brett LoGiurato. During oral arguments today at the Supreme Court, Justice Antonin Scalia and attorney Ted Olson had a pointed exchange over whether same-sex marriage is a fundamental right guaranteed by the U.S. Constitution.
Scalia’s argument, which was advanced by Chief Justice John Roberts before him, was that when the institution of marriage developed historically, it was not done with the explicit intent of excluding gay and lesbian couples.
“We don’t prescribe law for the future,” Scalia said. “We decide what the law is. I’m curious, when did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868? When the Fourteenth Amendment was adopted?”
Read more from this story HERE.