Supreme Court hears case for gay marriage nationwide

The US Supreme Court heard oral arguments on Tuesday in a case that invites the court to ­permit same-sex marriage nationwide.

The jurists declined to take this step in 2013 when they overturned a federal ban on same-sex marriage and threw out a challenge to a lower-court decision permitting same-sex marriage in California. Since the 2013 ruling, which was decided on a narrow 5-4 vote, many lower courts have thrown out state laws banning same-sex marriage.

Court observers were surprised by the questions the justices posed during oral arguments. Justice Anthony Kennedy, who has been the key fifth vote in cases favouring gay rights, appeared suddenly conscious of the sociological change same-sex marriage represents.

“The word that keeps coming back to me in this case is: millennia. This definition [of traditional marriage] has been with us for millennia. And it’s very difficult for us to say, ‘Oh, we know better.’”

Chief Justice John Roberts was also concerned with the traditional definition. “You’re not seeking to join the institution, you’re seeking to change what the institution is,” he said to a lawyer representing those challenging the status quo. Supporters and opponents of same-sex marriage rallied outside the court. “If you support gay marriage you will burn in hell,” one protester shouted before being dragged from the courtroom.

On the Saturday before the oral arguments the National Organisation for Marriage organised a 10,000-strong protest march in Washington that was addressed by Archbishop Joseph Kurtz, the President of the US bishops’ conference. “Children don’t need experiments. They need the love of their mother and father, whenever possible,” he said.