The Supreme Court Justices finally spoke out on the case of same-sex marriage and its constitutionality. On Tuesday, attorneys representing both sides of the case spoke before the Justices, who then proposed questions and concerns.
As expected, the nine members of the Supreme Court were divided on the issue of gay marriage, with four conservatives against and four liberals in favor of same-sex marriage. Justice Anthony M. Kennedy holds the tie-breaking vote.
In the past, Justice Kennedy supported actions in favor of same-sex marital rights, however he proposed doubts and skepticism towards proponents of same-sex marriage today. He brought up the institution of marriage in America as traditionally being between a man and a woman. The definition of marriage "has been with us for millennia" said Justice Kennedy. "It's very difficult for the court to say, 'Oh, we know better,'" he said.
Justice Scalia, known for being conservative, seconded his peer's statement about the longstanding definition of marriage and the importance of the history of traditional marriage; gay marriage is a relatively recent topic says Scalia. Justice Scalia asked attorney Mary L. Bonauto, who is representing the proponents of same-sex marriage, if she knew "any society prior to the Netherlands in 2001 that permitted same sex marriages?"
Chief Justice Roberts, also a conservative, began the arguments on Tuesday by stating all the definitions of marriage before the last twelve years all included the act being between one man and one woman. "If you succeed, that definition will not be operable," he told proponents. " You are not seeking to join the institution. You are seeking to change the institution."
Justices in favor of same-sex marriage, such as Justice Ruth B. Ginsburg, pressed the question of whether or not same-sex marriages harmed traditional marriages. Proponents claim that same-sex marriages do not hurt traditional marriages in any way.
Attorney John J. Bursch, representing the proponents of traditional marriage, stated that same-sex unions will lead to a disassociation between marriage and having children, which will have detrimental effects on society.
