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WASHINGTON (AP) — The Supreme Court justice who could decide the issue of same-sex marriage has had tough questions for both sides today as the justices heard historic arguments over the rights of gay and lesbian couples to marry.
Justice Anthony Kennedy seemed to share the concern of the court's conservative justices when he said marriage has been understood as one man and one woman for "millennia-plus time." And he said that it's difficult for the court to say, "We know better."
But he also asked an attorney representing the states that ban same-sex marriage to explain how granting gay couples a right to marry would harm traditional marriages.
Attorney John Bursch responded that removing child-rearing as the central rationale for marriage would weaken the commitment of parents to stay married for the sake of the children.
Chief Justice John Roberts also directed questions to both sides that made it hard to predict where he will come down. Roberts said gay couples seeking to marry aren't trying to join the institution of marriage -- they're trying to "change what the institution is."
But he also said, "If Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can't." And he asked, "Why isn't that a case of sexual discrimination?"
A court decision is expected in late June.
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201-w-36-(Jerry Bodlander, AP correspondent, with sound of demonstrators in front of the Supreme Court)--The Supreme Court heard arguments on whether states can ban same-sex marriages. AP correspondent Jerry Bodlander reports. (28 Apr 2015)
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207-a-05-(Chief Justice John Roberts, during oral arguments on same-sex marriage)-"the institution is"-Chief Justice John Roberts says advocates of same-sex marriage are want something different. (28 Apr 2015)
<<CUT *207 (04/28/15)££ 00:05 "the institution is"
208-a-09-(Justice Anthony Kennedy, during oral arguments on same-sex marriage)-"we know better"-Justice Anthony Kennedy says he has doubts about changing the definition that marriage is between a man and a woman. (28 Apr 2015)
<<CUT *208 (04/28/15)££ 00:09 "we know better"
APPHOTO DCCO111: Rep. Steve King, R-Iowa speaks with reporters in front of the Supreme Court in Washington, Tuesday, April 28, 2015. The Supreme Court is set to hear historic arguments in cases that could make same-sex marriage the law of the land. The justices are meeting Tuesday to offer the first public indication of where they stand in the dispute over whether states can continue defining marriage as the union of a man and a woman, or whether the Constitution gives gay and lesbian couples the right to marry. (AP Photo/Cliff Owen) (28 Apr 2015)
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APPHOTO DCJL111: Demonstrators holds up a banners and a rainbow flag in front of the Supreme Court in Washington, Tuesday, April 28, 2015. The Supreme Court is set to hear historic arguments in cases that could make same-sex marriage the law of the land. The justices are meeting Tuesday to offer the first public indication of where they stand in the dispute over whether states can continue defining marriage as the union of a man and a woman, or whether the Constitution gives gay and lesbian couples the right to marry. ( AP Photo/Jose Luis Magana) (28 Apr 2015)
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