Supreme Court May Avoid Wide-Ranging Ruling on Same-Sex Marriage - KTVN Channel 2 - Reno Tahoe Sparks News, Weather, Video

Supreme Court May Avoid Wide-Ranging Ruling on Same-Sex Marriage

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WASHINGTON (AP) -- The Supreme Court could end up avoiding a major national ruling on whether America's gays have a right to marry.  

During arguments Tuesday on California's ban on same-sex marriage, several justices raised doubts that the case should even be before them. Justice Anthony Kennedy -- possibly the deciding vote in the case -- even suggested that the court could dismiss it with no ruling at all. That would almost certainly allow gay marriages to resume in California, but it would have no impact elsewhere.  

Justice Kennedy said he was afraid the court would go into "uncharted waters" if it embraced arguments from gay marriage supporters. 

But a lawyer representing two same-sex couples said the court had ventured into the unknown in 1967 when it struck down bans on interracial marriage. "It's one of the major, maybe the major final civil right battle that we are fighting in this country," said Ted Olson the plaintiff's attorney.

The liberal justices seemed to reject the argument from the attorney defending proposition 8.

Justice Kagan pointed out the state allows older opposite-sex couples to marry. "I can assure you, if both the people in that marriage are over 55, there aren't a lot of children coming out of that marriage."

There were doubts expressed about the arguments from all sides -- the supporters and opponents of California's ban on gay marriage, and the Obama administration, which is in favor of same-sex marriage rights. 

Several members of the court were troubled by the administration's main contention that when states offer same-sex couples civil union rights, they must also allow marriage. There was also resistance to the argument of gay marriage opponents that the court should uphold the ban as a valid expression of the people's will.

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