Justice Kennedy Questions California Ban on Same-Sex Marriage,Suggests Children Suffer

A pivotal justice questioned California’s ban on same-sex marriage as the U.S. Supreme Court began a historic argument that could lead to gay weddings nationwide.

During early questioning in the hour-long argument, Justice Anthony Kennedy suggested that children of same-sex couples suffer an “immediate legal injury” from California’s ban.

“They want their parents to have full recognition and status,” Kennedy said. “The voice of those children” is important, he suggested.

http://www.bloomberg.com/news/2013-03-26/justice-kennedy-questions-california-ban-on-same-sex-marriage.html


Supreme Court Proposition 8 Case Arguments Cast Doubt On Gay Marriage Ban
All eyes were on Justice Anthony Kennedy at the Supreme Court on Tuesday morning as his eight colleagues appeared about evenly divided on the fate of Proposition 8, the California ballot referendum passed in November 2008 that banned same-sex marriage, reversing by popular vote the state supreme court's decision just months earlier to recognize marriage equality.

Kennedy acknowledged that while the social science on gay marriage is relatively new, there is an “immediate” legal harm to those same-sex couples who cannot be married. He said the voice of the thousands of children of same-sex couples was an important aspect of the case.

“They want their parents to have full recognition and legal status,” Kennedy told Charles Cooper, who was representing supporters of Proposition 8’s ban on gay marriage. “The voice of those children is considerable in this case, don’t you think?”
http://www.huffingtonpost.com/2013/03/26/supreme-court-proposition-8_n_2950615.html


TPM has good updates
SCOTUSblog: Kennedy ‘Uncomfortable Striking Down Prop 8’
In a second update to Tuesday's Supreme Court oral arguments concerning California's Proposition 8, the esteemed court-watching website SCOTUSblog announced on Twitter that Justice Anthony Kennedy, considered a swing vote on the issue, was "VERY uncomfortable striking down" the same-sex marriage ban:
http://livewire.talkingpointsmemo.com/entry/scotusblog-kennedy-uncomfortable-striking-down-prop-8

Bloomberg: Kennedy Suggests Children Suffer ‘Immediate Legal Injury’ From Prop 8
http://livewire.talkingpointsmemo.com/entry/bloomberg-kennedy-suggests-children-suffer-immediate-legal-injury