The Free Press, Mankato, MN

State, national news

March 27, 2013

High court skeptical of federal marriage law

(Continued)

WASHINGTON —

Roberts and Scalia seemed most interested in this sort of outcome.

On Tuesday, the justices weighed a fundamental issue: Does the Constitution require that people be allowed to marry whom they choose, regardless of either partner's gender? The fact that the question was in front of the Supreme Court at all was startling, given that no state recognized same-sex unions before 2003 and 40 states still don't allow them.

But it was clear from the start of that argument in a packed courtroom that the justices, including some liberals who seemed open to gay marriage, had doubts about whether they should even be hearing the challenge to California's Proposition 8, the state's voter-approved gay marriage ban.

Kennedy suggested the justices could dismiss the case with no ruling at all.

Such an outcome would almost certainly allow gay marriages to resume in California but would have no impact elsewhere.

There was no majority apparent for any particular outcome, and many doubts were expressed by justices about the arguments advanced by lawyers for the opponents of gay marriage in California, by the supporters and by the Obama administration, which is in favor of same-sex marriage rights. The administration's entry into the case followed President Barack Obama's declaration of support for gay marriage.

Reflecting the high interest in the cases, the court released an audio recording of Wednesday's argument, just as it did Tuesday.

Wednesday's audio can be found at: http://tinyurl.com/d626ybg ; Tuesday's at: http://tinyurl.com/dxefy2a.

A somewhat smaller crowd gathered outside the court Wednesday, mainly gay marriage supporters who held American and rainbow flags. "Two, four, six, eight, we do not discriminate," a group chanted at one point. "If this isn't the time, when is the time? When does equality come into play?" asked Laura Scott, 43, of Columbia, Md.

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