Gay marriage argument in Supreme Court

By: Associated Press Email
By: Associated Press Email

UPDATE 12:36 P.M.

WASHINGTON (AP) -- The Supreme Court could end up avoiding a major national ruling on whether America's gays have a right to marry.

During arguments today on California's ban on same-sex marriage, several justices raised doubts that the case should even be before them. And Justice Anthony Kennedy -- possibly the deciding vote in the case -- suggested that the court could dismiss it with no ruling at all. That would almost certainly allow gay marriages to resume in California, but it would have no impact elsewhere.

Kennedy said he was afraid the court would go into "uncharted waters" if it embraced arguments from gay marriage supporters.

But a lawyer representing two same-sex couples said the court had ventured into the unknown in 1967 when it struck down bans on interracial marriage.

During today's arguments, there was no apparent majority on the court for any particular outcome. And there were doubts expressed about the arguments from all sides -- the supporters and opponents of California's ban on gay marriage, and the Obama administration, which is in favor of same-sex marriage rights.

Several members of the court were troubled by the administration's main contention that when states offer same-sex couples civil union rights, they must also allow marriage. There was also resistance to the argument of gay marriage opponents that the court should uphold the ban as a valid expression of the people's will.

UPDATE 9:52 A.M.

WASHINGTON (AP) -- The Supreme Court is raising the prospect that it will find a way out of the case over California's ban on same-sex marriage without issuing a substantial ruling on whether gays have a right to marry.

Several justices, including some liberals who seem open to gay marriage, raised doubts Tuesday that the case is properly before them. Justice Anthony Kennedy, the potentially decisive vote on a closely divided court, suggested that the court could dismiss the case with no ruling at all.

ORIGINAL STORY

The nation's highest court hears arguments today on California's voter-approved ban on same-sex marriage.

It's the Supreme Court's first examination of gay rights in 10 years.

People have been waiting in line since Thursday for coveted seats to witness the argument over California's Proposition 8.

Tomorrow, the court will take up the part of the federal Defense of Marriage Act that prevents same-sex couples who are legally married from receiving a range of federal tax, pension and other benefits that otherwise are available to heterosexual married people.


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