Gay Marriage

Court Gives Few Clues to Ultimate Gay Marriage Decision

Up in the air


The lawyers who argued against Proposition 8, California's ban on same-sex marriage, refused to predict how the Supreme Court would rule on the issue, following more than an hour of oral arguments.

"Based on the questions the justices asked, I have no idea," attorney Ted Olson said today from outside of the Supreme Court. Olson argued on behalf of two gay couples today that Prop. 8 is unconstitutional.

The Supreme Court has the opportunity to issue a landmark ruling in this case, using Hollingsworth v. Perry to rule that marriage is a constitutional right available to all Americans, gay or straight. The case, however, isn't that simple—the court has as many as five different options available to it, ranging from a national ruling to one that affects just California. It could also dismiss the case on the grounds that the supporters of Proposition 8 have no standing in court.