High Court Could Avoid Wide-Range Ruling on Gay MarriagePosted: Updated:
WASHINGTON (AP) - The Supreme Court could end up avoiding a major national ruling on whether America's gays have a right to marry.
Court justices today began day one Tuesday of two days of arguments in gay marriage cases.
The high court hears arguments Tuesday on California's voter-approved ban on same-sex marriage. Gay marriage was legal in California for 142 days in 2008 until voters passed Proposition 8.
Wednesday, the court hears another gay marriage case: whether the same federal benefits that are available to heterosexual married couples should be available to same-sex couples who are legally married.
During arguments Tuesday on California's ban on same-sex marriage, several justices raised doubts that the case should even be before them. And Justice Anthony Kennedy -- possibly the deciding vote in the case -- suggested that the court could dismiss it with no ruling at all. That would almost certainly allow gay marriages to resume in California, but it would have no impact elsewhere.
Kennedy said he was afraid the court would go into "uncharted waters" if it embraced arguments from gay marriage supporters.
But a lawyer representing two same-sex couples said the court had ventured into the unknown in 1967 when it struck down bans on interracial marriage.
During today's arguments, there was no apparent majority on the court for any particular outcome. And there were doubts expressed about the arguments from all sides -- the supporters and opponents of California's ban on gay marriage, and the Obama administration, which is in favor of same-sex marriage rights.
Several members of the court were troubled by the administration's main contention that when states offer same-sex couples civil union rights, they must also allow marriage. There was also resistance to the argument of gay marriage opponents that the court should uphold the ban as a valid expression of the people's will.