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April 28, 2015
Arguments Begin In the Supreme Court in the Ultimate Gay Marriage Case
The issue before the court is whether states even have the right to define marriage as "one man, one woman" at all.
If they decide "no" on that question, gay marriage is the law of the entire country.
Notice that the question presented isn’t whether the Constitution recognizes a right to same-sex marriage, per se. Instead, the question posed is whether there is a right to marriage between two people. And if marriage is defined as a union between two people, it is a foregone conclusion that the Court will conclude that it should be permitted between two people of the same gender. The counter-argument is that "marriage" isn't just a union of "two people," but inherently and necessarily a union of "one man and one woman."
On FoxNews, they reported that Anthony Kennedy, a big-time Swinger, had just made this statement in oral arguments: "The definition of marriage has been the same for millennia... it is hard to say, 'We know better.'"
That said, I think this big Swinger will wind up saying just that. This is just some rhetorical throat-clearing to show he's "really considered the issue."
More: Ruth Bader Ginsburg has of course already announced her vote.