Yesterday, the Supreme Court held oral arguments on the issue of same-sex marriage. The arguments revealed a few surprises. We are pleased that Justice Roberts pointed out that the marriage ban might be sex discrimination. Chief Justice Roberts stated that, “I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”
Justice Kennedy was hard to read. At some points he seemed unsure of what to do and was afraid of moving too fast. However, traditionally Justice Kennedy’s comments are not always indicative of his final opinion. Moreover, it should be noted that Kennedy has authored many landmark opinions supportive of gay rights including Lawrence v. Texas, United States v. Windsor, and Romer v. Evans.
We are cautiously optimistic that the Court will continue to uphold the constitutional rights of all of this country’s citizens.