Are you following the liveblog? If you are, you would see that there are serious holes being poked in the plantiff’s case. Even Kennedy and Breyer are asking why they are trying to force this through the courts instead of letting the states decide.
2:39 pm by Brent Kendall
Chief Justice Roberts shifted gears and lobbed a skeptical hypothetical question at the states. Sue loves Joe and Tom also loves Joe, but Sue can marry Joe, while Tom can’t, he said. “Why isn’t that a straightforward case of sexual discrimination?” he asked.
12:49 pm by Brent Kendall
Mr. Bursch stuck with his position. The more that traditional marriage is weakened, the more likely it is that bonds between opposite sex couples won’t be maintained, he said.
He again said the states’ position focused on the importance of marriage for childbearing. The institution of marriage was never meant to be about bestowing dignity on couples, he said. This drew a sharp response from Justice Kennedy. “I thought the whole purpose” was to bestow dignity, he said.