The Supreme Court tackles same-sex marriage: 5 takeaways

Once again, all eyes are on the swing vote, Justice Anthony Kennedy

Supreme court
(Image credit: Win McNamee/Getty Images)

On Tuesday, the Supreme Court heard oral arguments on the constitutionality of Proposition 8, a California referendum that outlawed gay marriage in the state in 2008. (Listen to the oral arguments and read the transcript here.) The case, Hollingsworth v. Perry, could be decided in numerous ways — the justices could rule on narrow grounds that would set a minimal judicial precedent, or go so far as to proclaim that gay marriage is protected by the Constitution. As usual, the justices' remarks are being read like tea leaves to divine which way the court might rule. Here, 5 takeaways from the Supreme Court's big gay marriage case:

1. Too soon?

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Ryu Spaeth

Ryu Spaeth is deputy editor at TheWeek.com. Follow him on Twitter.