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Oral Arguments Today in U.S. Supreme Court on Same-Sex Marriage Case

By Cherri Gregg

WASHINGTON, D.C. (CBS) -- The US Supreme Court heard oral arguments today on whether there is a Constitutional right to marriage regardless of the couple's respective genders.

And the justices appeared divided on the issue right from the start.

For more than two hours, the Supreme Court justices robustly debated every aspect of same-sex marriage, ranging from the definition of marriage to the relevance of states' rights.

Justice Anthony Kennedy, who is believed to be the swing vote, questioned whether the court should change the traditional view of marriage as between a man and a woman.

"This definition has been with us for millennia, so it's difficult for the court to say, 'Well, we know better,' " Kennedy said today.

But some justices also took issue with the argument presented by some states, that limiting marriage to people of the opposite sex protects children and the right to procreate.

"The best way to promote this procreation-centric view of marriage is just to limit marriage to people who want children," noted Justice Elena Kagan.  "Would that be constitutional?"

Two years ago, the nation's highest court ruled, 5-4, to strike down the federal "Defense of Marriage Act."

The Supreme Court is expected to rule in this case in late June.

 

 

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