The arguments over same-sex marriage before the Supreme Court were exactly what we thought they’d be: a major day of constitutional drama with the issue of same-sex marriage at the center. Justice Anthony Kennedy–widely assumed to be the swing vote–appeared to be questioning from two contradictory directions: challenging the authority of the court to redefine marriage at one point and then identifying the injustice of not allowing same-sex couples to wed.
One point iterated again and again was that marriage, for thousands of years, has been exclusively between a man and a woman. Justice Kennedy said, “The word that keeps coming back to me is ‘millennia.’” He pointed out that same-sex marriage has only been legal in the United States for about a decade, saying “I don’t even know how to count the decimals.” Chief Justice Roberts summed it up well when he said to the counsel for the pro-same-sex marriage side, “You are not seeking to join the institution. You are seeking to change the institution. Thank you, Chief Justice Roberts.
Read More »