Lots of skepticism from Supreme Court justices on the Defense of Marriage Act, which defines marriage as between a man and woman.
"The Federal Government is intertwined with the citizens' day-to-day life, you are at - at real risk of running in conflict with what has always been thought to be the essence of the State police power, which is to regulate marriage, divorce, custody," Justice Anthony Kennedy said.
Five justices appear receptive to gutting Defense of Marriage Act
The case against the Defense of Marriage Act was brought by an elderly New York woman, Edith Windsor who was hit with a $363,000 federal estate-tax bill when her same-sex spouse passed away in 2009.
Now had the feds recognized Windor's marriage, which was valid in New York - she would have owed nothing.
"I didn't feel any hostility, okay, or any sense of inferiority, you know, what do these people want? I felt, felt, felt we were very respected and, and I think, I think it's gonna be good," Windsor said.
Outfront tonight: Senior Legal Analyst Jeffrey Toobin, who was in the courtroom.
Supreme Court justices heard arguments today for and against California's 2008 ban on same-sex marriage known as Proposition 8.
The justices have the power to make same-sex marriage the law of the land. Currently, it's only the law in nine states and Washington D.C.
Some justices seemed wary of issuing a broad ruling.
"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 after following 80 minutes of arguments.
U.S. Supreme Court hears same-sex marriage arguments
OutFront tonight: Senior Legal Analyst Jeffrey Toobin.
Poll after poll, we've seen a stark political divide when it comes to same-sex marriage
A new CBS poll shows 37% of Republicans support legalizing same-sex marriage while 63% of Democrats support it.
But Erin Burnett asked the CBS polling team for a breakdown by age, and the result was that among Republicans under 50, a plurality of 49 percent supports legalizing gay marriage, versus only 46 percent who oppose it.
But among Republicans under 50, a plurality 49% supports legalizing same-sex marriage while 46% oppose.
Burnett points out that its just one indication of how split the Republican Party is on this issue.
Outfront tonight: Republican Strategist and CNN contributor Ana Navarro - who signed a legal brief meant to influence the Supreme Court Justices to support same-sex marriage - and Ralph Reed, the chairman of the faith and freedom coalition.
On Tuesday, the Supreme Court is schedule to hear the case against Proposition 8 - the California law that banned same-sex marriage. And on Wednesday, the high court takes on the 1996 Defense of Marriage Act.
A new CNN poll shows a majority of Americans, 57% - have a family member or close friend who is gay. That number is up from 45% in 2007.
As our Kyung Lah found out, this polarizing and personal issue of same-sex marriage is bringing families together - and tearing them apart.
According to a new study from the American Academy of Pediatrics parents sexual orientation has no effect on a child's development.
In a report released today, the nations most influential pediatricians group says gay couples should be allowed to marry in order to ensure the best health and well-being of a child.
Docs: Same-sex marriage benefits kids
Outfront Tonight: Peter Sprigg with the family research council, Keli Goff is a correspondent for The Root.com, and Reihan Salam is a CNN contributor and writer for the National Review.
© 2012 Cable News Network. Turner Broadcasting System, Inc. All Rights Reserved.
| Advertise with us | About us | Help | Advertising Practices
