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* After historic arguments, court to rule on same-sex marriage* Marriage equality is the right decision
Justice Anthony Kennedy, who is expected to be the swing vote in the United States Supreme Court's upcoming decision on gay marriage, did not tip his hand during oral arguments Tuesday.
Indeed, he and Chief Justice John Roberts asked tough questions of both sides, while several of the liberal justices appeared to be cheerleaders for gay marriage, at several points even assisting the pro-gay marriage lawyer by making helpful comments.
The questions at hand are whether states can continue to define marriage as the time-honored union between a man and a woman or whether the Constitution can be interpreted to grant the right for same-sex couples to marry, and whether states that do not permit same-sex marriages must recognize those unions from elsewhere.
If the right of marriage is redefined, the second question may be moot, but the Roberts Court is known for narrow decisions.
The oral arguments did point out that not until 2001, in The Netherlands, was same-sex marriage legal anywhere. The first state to legalize it was Massachusetts in 2004. To date, only 11 states through the ballot or legislature have granted the right to marry to same-sex couples.
Though Kennedy did not tip his hand, he did put his finger on the crux of the issue, noting that marriage has been understood as one man and one woman for "millennia-plus time," and that it would be "very difficult for the court to say 'We know better.'"
Traditional marriage advocates hope he'll remember that when the decision is written and handed down in June.