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Tough Questions for Both Sides From Supreme Court on Gay Marriage

Wednesday, April 29th, 2015 -- 8:18 AM

(AP) -The Supreme Court justice who could decide the issue of same-sex marriage has had tough questions for both sides as the justices heard historic arguments over the rights of gay and lesbian couples to marry.

Justice Anthony Kennedy seemed to share the concern of the court's conservative justices when he said marriage has been understood as one man and one woman for "millennia-plus time." And he said that it's difficult for the court to say, "We know better."

But he also asked an attorney representing the states that ban same-sex marriage to explain how granting gay couples a right to marry would harm traditional marriages. Attorney John Bursch responded that removing child-rearing as the central rationale for marriage would weaken the commitment of parents to stay married for the sake of the children.

Chief Justice John Roberts also directed questions to both sides that made it hard to predict where he will come down. Roberts said gay couples seeking to marry aren't trying to join the institution of marriage; they're trying to "change what the institution is."

But he also said, "If Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can't." And he asked, "Why isn't that a case of sexual discrimination?" A court decision is expected in late June.

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