Five Supreme Court Justices on Wednesday expressed skepticism that denying federal benefits to married same-sex couples was constitutional, the New York Times reported after oral arguments in the case on the Defense of Marriage Act.
Justice Anthony M. Kennedy, widely considered the swing vote on the divided court, joined the four liberals in posing skeptical questions to a lawyer defending the law, which defines marriage as the union of a man and a woman for the purposes of more than 1,000 federal laws and programs.