“The Supreme Court on Tuesday seemed deeply divided about one of the great civil rights issues of the age: whether the Constitution guarantees same-sex couples the right to marry.
The questions from the justices suggested that they were divided along the usual lines — conservative and liberal — with Justice Anthony M. Kennedy holding the controlling vote. On the evidence of his words, he seemed torn about what to do. But Justice Kennedy’s tone was more emotional and emphatic when he made the case for same-sex marriage. That, coupled with his earlier judicial opinions, gave gay rights advocates reason for optimism by the end of the arguments, which lasted two and a half hours.
The justices appeared to clash over not only what is the right answer in the case but also over how to reach it. The questioning illuminated their conflicting views on history, tradition, biology, constitutional interpretation, the democratic process and the role of the courts in prodding social change…
Until recently, the court has been cautious and halting in addressing same-sex marriage, signaling that it did not want to outpace public support and developments in the states. Now, though, a definitive decision will probably be handed down in about two months.”