The Defense of Marriage Act seemed to be on shaky footing at the Supreme Court Wednesday, with a majority of justices expressing doubts about the constitutionality of the 17-year-old law banning same-sex married couples from receiving a wide array of federal benefits.
Justice Anthony Kennedy once again appeared to be the likely swing vote on the issue. He focused many of his questions not on whether the law treats gays unfairly, but on whether it intrudes on the traditional right of states to define marriage.
“You are at real risk of running into conflict with what has always been thought to be [a part] of the states’ police power,” Kennedy said. He spoke of “the historic commitment of marriage and [issues of] children to the states.”
GUEST ALERT: Politico Reporter Jennifer Epstein joins Rod at 4:20 to discuss what happened inside the SC hearing today.