In a second update to Tuesday’s Supreme Court oral arguments concerning California’s Proposition 8, the esteemed court-watching website SCOTUSblog announced on Twitter that Justice Anthony Kennedy, considered a swing vote on the issue, was “VERY uncomfortable striking down” the same-sex marriage ban:
Breaking: key vote Kennedy VERY uncomfortable striking down #prop8. Suggests dismissing case. Would leave in place 9th Cir pro-#ssm ruling.
— SCOTUSblog (@SCOTUSblog) March 26, 2013
SCOTUSblog also speculates that, as of this moment, Prop 8 would likely be upheld:
There are not 5 votes to strike down #prop8 and recognize equal right to #ssm at this time
— SCOTUSblog (@SCOTUSblog) March 26, 2013