Justices torn on gay marriage

The Supreme Court appeared sharply divided Tuesday over whether to legalize gay marriage in the United States, as the justices wrestled with questions of discrimination and tradition in the most closely watched arguments of the term.

As expected, the blockbuster case fractured the high court, with liberals on the bench voicing support for gay marriage and conservatives opposing it.

But the two justices seen as the most likely swing votes — Chief Justice John Roberts and Justice Anthony Kennedy — asked tough questions to lawyers for both sides, leaving uncertainty about where they would ultimately land.

And even some members of the court's liberal wing questioned whether the matter should be left to voters — rather than the court — to decide.

Justice Stephen Breyer said heterosexual marriage has been the law for thousands of years.

“Suddenly you want nine people outside the ballot box to require states that don’t want to do it to change,” he said. “Why can’t these states wait and see if doing so in other states is harmful to marriage,” he said.

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