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The Supreme Court this morning took up California's Proposition 8 ban on same-sex marriage in preparation for what is being widely anticipated as a sweeping ruling on marriage and gay rights, but even the presumed swing justice asked why the court was getting involved now. “I just wonder if this case was properly granted,” said Justice Anthony M. Kennedy, "who probably holds the decisive vote," according to the New York Times coverage. "Why is taking a case now the answer?,” asked Justice Sonia Sotomayor. When the questions turned to the substance of the arguments, there was some interesting philosophical observations on the meaning of marriage — including doubts about the Prop. 8 proponents argument that marriage is all about procreation. But what, asked the justices, about sterile couples, older couples who get married and just anyone who doesn't want children? If they are allowed to be married, why exclude gay couples? More from the New York Times coverage:
Addressing the merits of the case, Justice Kennedy voiced sympathy for the children of gay and lesbian couples.“There’s some 40,000 children in California that live with same-sex parents,” he said, as the justices debated the state’s Proposition 8, which banned same-sex marriage. “They want their parents to have full recognition and full status. The voice of those children is important.”
But Justice Kennedy also spoke of uncertainty about the consequences for society of allowing same-sex marriage. “We have five years of information to pose against 2,000 years of history or more,” he said, speaking of the long history of traditional marriage and the brief experience allowing gay men and lesbians to marry in some states.
Justice Samuel A. Alito Jr. said the court should not move too fast.
“You want us to step in and assess the effects of this institution, which is newer than cellphones and/or the Internet?” he said.
It's swarm media coverage all over the place -- print, web and broadcast. The NYT has a slew of mainbars and sidebars, as does the LA Times. Here's the lede from the LA Times:
"The Supreme Court justices sounded closely split on gay marriage Tuesday, but Justice Anthony M. Kennedy suggested the court should strike down California’s ban on same-sex marriage without ruling broadly on the issue.
"Twice during the oral argument, Kennedy questioned why the court had voted to hear the California case. “I wonder if this case was properly granted,” Kennedy said at one point.
"His comments suggested that the court’s four most conservative justices voted to hear the California case. Had the justices turned down the appeal, as Kennedy suggested, Proposition 8 would have been struck down on the grounds of a narrow ruling by the 9th U.S. Circuit Court of Appeals."
Program note: KPCC's "Airtalk" will air the oral arguments in their entirety starting at 11 a.m.
