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Dan Gilmore / April 29, 2015

Same-Sex Marriage Decision Hinges on Justice Kennedy

In the oral arguments over the Supreme Court case that may institute same-sex marriage nationwide, the Court appeared to split along its usual lines, with Justice Anthony Kennedy once again becoming the justice on which the whole decision rests. Like many, Hot Air’s Allahpundit saw Justice Kennedy sympathetic to the arguments made by the pro-same-sex-marriage lobby. Allahpundit believes the Court will rule against traditional marriage; the only question now is by what vote. Nevertheless, some justices were cautious. For thousands of years, marriage has been defined as between a man and a woman. Then, the Netherlands changed its definition of marriage in 2001. “You’re not seeking to join the institution,” Chief Justice John Roberts said. “You’re seeking to change what the institution is.” He added, “One of the things that’s truly extraordinary about this whole issue is how quickly has been the acceptance of your position across broad elements of society.” The plaintiffs’ attorneys have been practicing for months, running moot courts and rehearsing responses to Justice Antonin Scalia’s style of questioning. The goal, The New York Times reported, is not just win, but “win big.” If SCOTUS rules in their favor, then they already have. More…

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