Same-Sex Marriage Discussions Divide Supreme Court; Kennedy Could Be The Swing Vote
Vittorio Hernandez | | Apr 29, 2015 07:28 AM EDT |
(Photo : Reuters) Jody (L) and Maria May-Chang greet as couples gather at the Ada County Courthouse to apply for same-sex marriage licenses, moments prior to U.S. Supreme Court Justice Anthony Kennedy's order blocking the action, in Boise, Idaho October 8, 2014. U.S. Supreme Court Justice Anthony Kennedy temporarily blocked gay marriages from beginning in Idaho on Wednesday after state officials requested a freeze on Tuesday's federal appeals court ruling striking down Idaho's same-sex marriage ban. REUTERS/Patrick Sweeney (UNITED STATES - Tags: LAW SOCIETY)
Like the rest of the United States, the nine justices of the U.S. Supreme Court were divided on the issue of same-sex marriage on the first day of discussions on Tuesday.
Reuters reports that the court's four liberal judges appear to be in favor of game marriage, while another four, including Chief Justice John Roberts are on the conservative side and seem to likely back the states' right to limit the definition of marriage to that between a man and a woman.
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However, the deciding vote appears to be Justice Anthony Kennedy who gave hints of which side of the fence he sits even as he asked tough questions from both pro- and anti-gay marriage advocates. Reuters said that Kennedy emphasized the dignity and nobility of same-sex couples.
For instance, he told anti-gay marriage advocate John Bursch that his argument that same-sex parents lack the same bonds with their children compared to heterosexual couples is interesting but based on a wrong premise. Kennedy also noted that the definition of marriage as only for opposite-sex couples has been with society for millennia, "and I think it's very difficult for this court to say, oh well, we know better."
In 2013, Kennedy - considered the swing vote - used the term "dignity" several times in his decision to strike down the ban on same-sex couples to receive federal benefits under the Defense of Marriage Act. Kennedy had also struck down in 2003 a Texas law that prohibited anal sex among gays and a Colorado ballot measure that targeted gay rights in 1996.
The court is expected to issue its landmark decision by the end of June amid growing public support for same-sex marriages with 37 states and Washington DC allowing gay unions from only one state, Massachusetts, in 2014.
Questions raised by the justices include if church people who are against gay marriages would be required to officiate in same-sex wedding rites and if polygamous relationships between siblings would also be allowed.
Sacramento Bee reports that the split was along customary lines. Conservative justice appointed by Republicans favored only heterosexual marriages, while liberals appointed by Democrats backed same-sex marriage.
One liberal justice, Elena Kagan, pointed out that the right to marry is fundamental "and everyone should be entitled to it unless there's a reason for the state to exclude them."
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