Justices appear hesitant as they hear arguments over same-sex marriage

Washington (CNN) -- As partisans argued pointedly over same-sex marriage outside the U.S. Supreme Court building, either hoping for or dreading a landmark decision, justices inside seemed reluctant Tuesday to extend a sweeping constitutional right for gays and lesbian to wed in all 50 states.

In the first of two days of hearings on cases that have the potential to fundamentally alter how American law treats marriage, Justice Anthony Kennedy -- considered the likely deciding vote on the divided court -- questioned whether justices should even be hearing the issue.

"This was a deeply divided Supreme Court, and a court that seemed almost to be groping for an answer here," said CNN Senior Legal Analyst Jeffrey Toobin, who watched the arguments over California's Proposition 8, which bans same-sex marriage. Voters approved the proposal 52% to 48% in November 2008, less than six months after the state Supreme Court ruled that marriage is a fundamental right that must be extended to same-sex couples.

http://www.cnn.com/2013/03/26/politics/same-sex-marriage-court/index.html?hpt=hp_t1