Skeptical U.S. Supreme Court justices hear gay marriage case

WASHINGTON - The Supreme Court heard arguments on Tuesday on whether the Constitution provides same-sex couples the right to marry, with a majority of the nine justices firing skeptical questions at a lawyer asking them to legalize gay marriage nationwide.

Five justices, including a possible swing vote, Justice Anthony Kennedy, and a member of the court's liberal wing, Justice Stephen Breyer, asked lawyer Mary Bonauto why the high court should change a definition of marriage that has existed for millennia, rather than allowing American voters to decide.

It remained unclear how the court would rule in the case.

The oral arguments, scheduled for 2-1/2 hours, continued and were expected to end about 12:30 p.m.

A lively crowd estimated at more than 1,000 people, with those favoring legalized gay marriage outnumbering those opposed, gathered outside the white marble courthouse as the justices heard arguments in the case, known as Obergefell v. Hodges.

The justices, taking up a contentious social issue in what promises to be the year's most anticipated ruling, are due to deliver a decision by the end of June on whether gay marriage will be legal nationwide.

'This definition has been with us for millennia, and I think it's very difficult for this court to say we know better,” Kennedy said, referring to marriage between one man and one woman.

Breyer used similar language, telling the lawyer: 'Suddenly, you want nine people outside the ballot box to require states that don't want to do it to change what marriage is.”

Bonauto told the court that its recent decisions on gay rights in other areas had created a foundation for same-sex marriage, and she said banning same-sex marriage created a 'stain of unworthiness” for gay couples.

The arguments center on gay marriage bans in Kentucky, Michigan, Ohio and Tennessee, four of the 13 states that currently prohibit it.

All eyes were on Kennedy, who may cast the deciding fifth vote on a court closely divided on gay rights. The four liberal justices are expected to support same-sex marriage, and Kennedy has a history of backing gay rights. In decisions since 1996, Kennedy has broadened the court's view of equality for gays.

Kennedy authored a 5-4 decision in the most recent gay rights ruling, a 2013 rejection of a federal law defining marriage as between a man and woman for purposes of federal benefits. Kennedy said the statute's only purpose was 'to disparage and to injure those whom the state, by its marriage laws, sought to protect in personhood and dignity.”

Public support for gay marriage has steadily grown in recent years and is particularly strong among younger Americans.

Before gay marriage became legal in the liberal northeastern state of Massachusetts in 2004, it was not permitted in any state. Now it is legal in 37 states and Washington, D.C.

The arguments were divided into two parts.

The first, set for 90 minutes, is on whether the Constitution's guarantees of due process and equal protection under the law mean states must allow gay couples to marry. The second, scheduled for an hour, concerns whether states must recognize same-sex marriages occurring out-of-state.

Gay rights activists call same-sex marriage a leading American civil rights issue of this era.

Opponents say same-sex marriage legality should be decided by individual states, not judges. Some opponents argue it is an affront to traditional marriage between a man and a woman and that the Bible condemns homosexuality.

There was a lively debate outside the courthouse.

Same-sex marriage advocates held up signs with slogans including 'Love for all” and 'America is ready for freedom to marry.” A smaller but vocal group of people against gay marriage held signs including one calling gay sex sinful and another stating, 'Satan rules over all, the children of pride.”

Thea Filippatos, a 23-year-old New York University student, said, 'If I was heterosexual, I could get married anywhere in this country and not have a problem.” Looking at the anti-gay marriage signs, Filippatos said, 'Whatever happened to love thy neighbor? That's what I learned about Christianity when I was a child.”

Ruben Israel, a 55-year-old from Los Angeles opposed to gay marriage, said, 'We don't find any male to male marriage in the Bible. There is no woman to woman marriage.”

President Barack Obama is the first sitting president to support gay marriage. His administration will argue on the side of same-sex marriage advocates.

The decision will affect not just the right of gay people to marry but also their right to be recognized as a spouse or parent on birth and death certificates and other legal documents.