Chris Geidner writes at Buzzfeed:
At Tuesday’s marriage arguments over same-sex couples’ marriage rights, the majority of the court appeared to be comfortable with Justice Anthony Kennedy’s understanding of human dignity as including gay people’s equal treatment under the law. While Kennedy, who is considered the key swing vote in the case, did not make any unambiguous statement about the end result of the case, he harshly questioned the state of Michigan’s argument that it should be allowed to exclude same-sex couples from marriage.
At one point, Kennedy commented to Michigan’s lawyer that its law banning same-sex couples from marrying “assumes” that those couples can’t have the same “more noble purpose” as opposite sex couples have for entering marriage. Joined often by Justices Sonia Sotomayor and Elena Kagan, the lawyer defending marriage bans, John Bursch, faced repeated questions about what other limits states could constitutionally place on marriages and whether the states’ claimed interest amounted to anything more than, as Sotomayor asked, a “ceiling…that doesn’t have logic.”
Geidner notes that Chief Justice John Roberts did not appear to favor either side.