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ANALYSIS: Supreme Court Searches for Way Around Gay Marriage

By Kevin Eckstrom
RNS photo by Kevin Eckstrom
Edie Windsor speaks after oral arguments in her challenge to the 1996 Defense of Marriage Act. RNS photo by Kevin Eckstrom
Mar 27, 2013
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In nearly two hours of arguments on Wednesday, the Supreme Court heard many of the expected cases for and against recognizing gay marriage: that refusing to do so is blatant discrimination, that gay marriage is a social experiment that the court should not preempt, that Washington has no role in state marriage laws.

Yet it was arcane arguments over matters of legal standing that seemed to most animate the justices, reflecting what seemed to be a desire to find a way for the court to sidestep a definitive up-or-down ruling on one of the most divisive social issues.

In short, the court — particularly its conservative majority — seemed to ask why they should hear a second gay marriage case in as many days, particularly one in which the government supports the lower court’s ruling. And the answer to that question will go a long way toward determining the outcome of a spirited national debate.

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Edie Windsor speaks after oral arguments in her challenge to the 1996 Defense of Marriage Act. RNS photo by Kevin Eckstrom
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