Judging from Tuesday's oral arguments on the California Prop 8 case, the Supreme Court's nine justices seem unready to rule on the constitutional merits of same-sex marriage, says Reuters Legal Affairs Editor Joan Biskupic.
California's law defines marriage as only between a man and woman. When the justices took the case there was some surprise because we knew that there were some procedural hurdles for them to get over to reach the merits. But those all seemed to come to the forefront today for example the state of California is not defending -- slot. And the proponents of proposition eight have come into defended justices on both the left and the right were skeptical of whether supporters of proposition eight. Has the legal standing. Justice Elena Kagan asked a lot of questions but then there was also Chief Justice John Roberts who is. More conservative. This bench questioning whether. There was legal standing a majority of the Supreme Court justices do not seem ready to declare at this point. That there's a constitutional right to same sex marriage. At the same time they don't seem ready to say that there is not a constitutional right to same sex marriage they could simply affirm what the lower appeals court did that affected only California. Thereby allowing same sex couples to marry but the ruling would say nothing about the rights of Americans and others.