rightly focused on anthony kennedy and his use of the word dignity.e have seen him word in the past to describe gays, gay rights gay relationships and if you look back at his opinion in windsor talked about the humiliation of kids who are being raised by parents. he identifies, he has been a strong support are of gay rights on the court. but at the same time, kennedy has also been a strong proponent of state autonomy. in a sense what we could be looking at is this fight between two of the things that anthony kennedy has been the most outspoken about in the past decade. >> a.b.? >> yeah, i think he is a swing vote and everyone is watching him. but i think roberts is potentially as well. i was surprised even justice breyer had a similar comment about his hesitance to redefine the institution of marriage to redefine marriage. they are all uncomfortable with this. this t. is not a question for this court whether or not gay marriage is a right or fair. it's a question of whether it's a constitutional right. and whether they are going to overturn the rights

i'm speaking, of course, of justice anthony kennedy. week, the associated press writes, quote, those who have known justice kennedy for decades and scholars who have studied his work say he has long stressed the importance, of valuing people of individuals. and he seems likely also to have been influenced in this regard as a piller of the sacramento legal community, a closeted gay man who hired kennedy as a law school instructor and testified on his behalf at his high court confirmation hearings in washington. that mentor of kennedy testified at kennedy's confirmation hearing in december of '87. here he is. >> i think he will have compassion and empathy for all those who present themselves. he'll do that without personal predilection, without a specific philosophical inclination, with an aim at consensus building. i urge a vote of confirmation. >> the supreme court decision on that same-sex matter is expected some time in june. mark sherman is the associated press press reporter who wrote this story and he joins us now. also joining us

so we're really going to be watching justice anthony kennedy. you know two years ago in the proposition 8 case, the skaurt heard oral -- security heard oral argument it just didn't decide. he said what about the children what happens to the children of same-sex couples if they're treated differently. what about the children in the sense of what do we know about the effects on children of being the children of same-sex families. he's not the kind of justice who plays devil's advocate in oral argument. he voices what's on his mind. we're going to be watching closely. >> 37 states as you know now allow same-sex marriage. what else tells you that the court might rule in favor of same-sex marriage, and then if they do how might conservative chief justice roberts based on what he writes, with against the same-sex supporters and what they want? >> sure. so basically i was here back in october, after the court's decision two years ago in a case called united states versus windsor. lower courts all over the country started striking down state bans on sam

and we know that california's own anthony kennedy is the swing vote. he's been the author of the bans issued. >> i think it's a little unpredictable. i think they could continue to give some deference to the state but i do think we'll have to clearly recognize what happens in another state. >> reporter: there's a possibility the court could take a bigger step and claim whether same-sex marriage are a different class. similar to gender or race. >> that could have a ripple effect far beyond the specific issue of same-sex marriage. >> reporter: the justices already have many of the arguments in hand. 147 written briefs from both sides have been filed with the court. oral arguments are expected to take 2-1/2 hours with a decision around june. >> that decision will have no direct impact on california, right. >> reporter: what the justices are deciding has been ruled here in california. but it will play a key role in this debate. then mayor gavin newsom now lieutenant governor gavin newsom will be in court to hear those arguments in person. we expect to get

claudia: el juez anthony kennedy preguntÓ si la corte puede cambiar la definiciÓn del matrimonio mientras dictaminando las iglesias para todo el paÍs. en la actualidad, el matrimonio de ahÍ es legal en 17 estados y en el distrito de columbia. >> en el futuro va a ser casamiento con niÑos, casamiento con animales. >> los religiosos dicen. que son personas que estÁn confundidas con su identidad sexual. jorge: se ha reportado una cifra rÉcord. asÍ lo indica un nuevo nÚmero de cifras reportadas de esta manera se ha reducido en mÁs del 50% la cifra de detenidos por agentes norteamericanos cuando llegan aquÍ en las fronteras. maria elena: personas que deben velar por la seguridad de los niÑos son en verdad sus peores enemigos. del condado de los angeles. dicen que 19 menores asesinados asesinados por el padre, el padrastro. el 45% de ellos son hispanos. jorge: una joven hispana, fue vÍctima de la llamada esclavitud moderna. maria elen una huelga de casi tres semanas pero no abandonan su lucha por un salario digno. ♪ ♪ ♪ ♪ ♪ ♪ todo cuenta. lavase los manos y las superficies. separe las carnes cr

. >> supreme court justices have no greater insight on that. >> reporter: all eyes on justice anthony kennedy the swing vote. he wrote the last three opinions on same-sex marriage. now getting word from inside the court that the justices including justice kennedy, are asking questions, skeptical of changing the law. they say it's already been debated for more than a decade. >> tracy is upping the story all day long. >>> now mounting criticism of baltimore's mayor and police commissioner formerly of oakland, for not stepping in sooner to stem overnight riots and looting. >> here is nbc's tom costello. >> reporter: the city's mayor and police departments are accused by some of losing control of the streets. >> i've been in contact with our governor, and i requested and he has agreed to deploy the national guard. >> reporter:en mareland governor larry hogan seemed to suggest the request came a bit late. >> when the mayor called me which we were glad she finally did, instantly we signed the executive order. >> reporter: mayor stephanie rawlings-blake through up in baltimore. she has been under fi

let's start with what was said by justice anthony kennedy who many consider to be the crucial swing votethis particular case and this issue. justice kennedy: when you think about these cases, you think about words or cases. the word that keeps coming back to me is millennia, plus time. first of all, there has not been really time for the federal system to engage in this debate. the separate states. on a larger scale, it has been -- it was about the same time between brown and loving lawrence and this case. john: greg, justice kennedy is somebody who people on the pro-gay marriage side have counted on as a safe vote. there he was expressing skepticism about changing the definition of marriage. do you think justice kennedy is still a safe vote for gay marriage? him greg: i think he is highly likely vote for same-sex marriage based on what he has done in the past. he has written in the three big gay rights decisions in the last 20 years. he was on the court over the last several months. it would be a real shift for him to go back and say, no, i changed my mind. mark: let's move on to socrat

. >> how will justice anthony kennedy vote on same-sex marriage. as steve handelsman reports, kennedy's vote could sway the court for or against making gay marriage legal nationwide. >> as the supreme court took up gay marriage were children and what's best for kids was a major argument. insisted if marriage is just about love and not producing children more kids will be born out of wedlock. liberal kagan jumped in. >> why would that feeling, which doesn't make logical sense, control our decision making? >> and then anthony kennedy who could hold the swing vote. >> the only opposite sex couples could have a bonding with the child. that was a very interesting how it's just the wrong premise. >> reporter: but gay marriage is a new premise said chief justice roberts. >> the opposite sex relationship. >> reporter: and as a demonstrator yelled in court -- it's a corps of fundamentalist christianity christianity. most may support it but may not want the court to intervene. >> they're saying leave it to the people. it'll be worked out later, or not. >> wi

let's start with what was said by justice anthony kennedy who many consider to be the crucial swing voteis particular case and this issue. justice kennedy: when you think about these cases, you think about words and cases. the word they keep coming back to me is millennia plus time. first of all, there is not been really time for the federal system to engage in this debate. the separate states. on a larger scale, it has been -- about the same time between brown and loving, lawrence and this case. about 10 years. there is time for the scholars and the commentators and the bar and the public to engage. 10 years, i don't even know how to count the decimals. millennia -- this definition has been with us for millennia. it is very difficult for the court. we know better. john: greg justice kennedy is somebody who people on the pro-gay marriage side have counted on as a safe boat in this vote. there he was expressing skepticism about changing the definition of marriage. do you think justice kennedy is still a safe boatvote for gay marriage? greg: i think he is highly likely vote for same-sex ma

justice anthony kennedy once again the likely swing vote. it is kentucky who will likely decide whether same-sex couples should have a constitutional right to marry and he had tough questions for both sides. >> reporter: huge divisions outside the court but polls suggest american public opinion has shifted dramatically in favor of same-sex marriage. and it is now legal in 37 states and the district of columbia. the supreme court is considering appeals from four states that still do not recognize it. >> it's a validation of our marriage. we promised to take care of each other. >> reporter: an army sergeant married his husband in new york before the army transferred him to a base in tennessee. >> we're married on the base. we step off the base, we're single legal strangers. >> reporter: john bursch argued the case. >> it's not up to nine people to decide for the whole country what something as important as marriage is. >> the constitution promises equal protection and due process and liberty to all right now. it's not a popularity contest. >>

marriage, the court's ruling could end up legalizing gay marriage across the country, experts expect anthony kennedy to be the swing vote, but yesterday kennedy expressed some reservation saying that marriage has always been between a man and a woman. >> this definition has been with us for melenia. it is very difficult for the court to say, oh well, we know better. >> they'll decide two questions, the constitutionality, and if states must recognize gay marriages from other states a decision isn't expected until late june. >>> san francisco, same-sex supporters saying they feel optimistic, a large crowd gathered at city hall, the first place to issue marriage licenses, the city attorney has been at the forefront for marriage equality for the last eleven years. >> it is not a question of if it is going to happen, really we're talking about when, its inevitable. >> he was city attorney back in 2004 when the then mayor directed the city clerk to issue marriage licenses to same- sex couples. >>> the new york city transition system is expected to pass a resolution banning -- progroups have purchased ad s

. >> reporter: the court seemed split 4-4 with justice anthony kennedy likely the deciding vote. though he said the traditional definition has been around for millennia, he also said allowing gay couples to marry gives them respect. >> same-sex couples say, of course, we understand the nobility and the sacredness of the marriage. we know we can't procreate, but we want the other attributes of it in order to show that we, too, have a dignity that can be fulfilled. >> reporter: the argument was briefly interrupted by the shouts of an opponent of same-sex marriage as court police rushed in to hustle him out. justice kennedy came back to that dignity point a couple of times, suggesting there's a bare 5-4 majority in favor of same-sex marriage. but we won't know until the court's decision comes out in late june. lester? >> pete williams tonight, thanks. we're back in a movement with a terrifying incident that forced a plane to attempt an emergency landing late today. >>> scary moments late today on the runway in philadelphia where a united airlines turboprop plane with 75 people on bo

justice anthony kennedy will likely cast the deciding vote in the case.erts said judging from the questions he had during oral arguments kennedy seems to be leaning towards approving gay marriage but we won't know for sure until that final decision is handed down probably sometime in late june. >> 6:47. we have been following the latest developments out of baltimore and so is "good morning america." we'll get a live "gma" preview next. david. >> all right, guys, we are dressing the kids in a jacket this morning because we have temperatures down around 50 this afternoon though shorts and t's big time. i'll have your day planner forecast and there's nothing you're not going the like about this. that's coming up next. >> time now to get a preview of "good morning america." >> amy robach continues our coverage of among other things what's going on in baltimore this morning. good morning amy. >> reporter: that's right matt and tam. great to be with you on this wednesday. coming up we'll be talking about the state of emergency in baltimore with violence eruptin

supreme court justice anthony kennedy and john roberts are thought to be the two likely swing vote isl in san francisco city hall dan kerman kron 4 news >> reporter: a point to a recent study that their problem probability of a point all earthquake striking the bay area and the next 38 years has increased by 40 percent. the scientists have a better understanding of the inner conductivity of the faults that are smaller and larger than can lead to activation of but in many faults at the same time rob fladeboe kron 4 news >> reporter: barry bonds' ball to the media for the first time since his conviction was overturned use speaking out adam festivity supporting children's organizations >>: was long a strenuous >> reporter: he is not entirely in the clear federal prosecutors have indicated that there and ask the supreme court to take the case maureen kelly kron 4 news >> pam moore: the city of baltimore was underseas him while looters stole from businesses that was offered last night this is from today baltimore's biggest or sought stars are reaching out to paul polo sandoval reports the

the justice anthony kennedy the the potential swing vote in the case agreed. >> this definition has been with us for millennium and it is very difficult for the the court to say oh, well, we know better. >> justice kennedy left little doubt during people court arguments that a part of the anti gay marriage law was doomed. >>> teacher in washington state is called a hero after tackling a student gunman in school. >> we told but brady olson yesterday but now talking for the the first time. the student opened fire inside a school just outside seattle will on monday. olson tackled that gunman who had fired two shots in the ground and ceiling. >> i reacted to a situation and i don't know, being portrayed one way i think maybe i should be portrayed as dumb guy who didn't runaway. >> brady says he tried to comfort the student telling him he was going to get help. in word on a motive for that shooting but student did tell police he never intended to hurt anyone. >>> time is now you 5:48. trouble on twitter. see controversial tweet that forced an nba team to apologize. >> pretty surprising what t

justice anthony kennedy: >> this disef nition has been with us for millennia and it's very difficult for the court to say, oh, well, we-- we know better. >> reporter: conservatives suggested the court should stay out of it. chief justice john roberts said a ruling decreeing same-sex marriage legal could harden opposition. >> there will be no more debate. i mean, closing the debate can close minds. >> reporter: the shift in public opinion has been dramatic. same-sex marriage is now legal in 37 states. it's unclear from the arguments whether the court will make it legal nationwide. liberal justices suggested the constitution requires same-sex couples be treated as equal to heterosexual couples as families with children. justice stephen breyer: >> many gay people want to have children, and they do. >> reporter: that point seemed to resonate with ken dierk the pivotal vote on gay-rights chases. he took issue with the lawyer opposing same-sex marriage. >> husome premise that only opposite-sex couples can have a bonding with a child. that's-- that was very interesting, but it's just a wron

it was in the supreme court chamber and he is introduced by supreme court justice anthony kennedy. this is just under one hour. [applause] >> thank you very >> thank you for coming. my bookmarks -- mira march not trespass on those of the distinguished speaker -- my remarks will not trespass on the distinguished speaker. first, to note that we should all feel privileged to be here today. this is the first in a series of lectures that have been renamed. these are now called the leon silverman supreme court lectures. leon was wonderful. he was the president of the supreme court historical society. i think in 1991 until 2002. he was a fascinating man. he used to

justice anthony kennedy will likely cast the deciding vote in the case.g oral arguments kennedy seems to be leaning toward approval of gay marriage. >> 5:53. we're staying on top of a breaking story. a crash involving a philadelphia police officer. we will update what we know at 6:00 a.m. >> and developing overnight the search is on for the gunman who invaded the home of temple university students. hear what was stolen ahead at 6:00 a.m. people of the coffee drinking world, dunkin' has a dark roast coffee that's deliciously roasted just right for a bold start and smooth finish that's never bitter. put down the dark roast you've been putting up with and reach for the one you deserve. ♪ ♪ ♪ hershey's spreads. bring the delicious taste of hershey's chocolate to anything - everything. with hershey's spreads, the possibilities are delicious. at dunkin' breakfast just got zestier with guacamole made from real avocados, tomatoes, cilantro, and lime the new bacon guacamole flatbread. ole, indeed! america runs on dunkin'. >> know newly released surveillance video

. >> reporter: the court seemed split 4-4 with justice anthony kennedy likely the deciding vote. although he said the traditional definition has been around for millennia, he said allowing gay couples to marry gives them respect. >> same-sex couples say, of course we understand the nobility and sacredness of marriage. we know we can't procreate but we want the other attributes of it in order to show that we too have a dignity that can be fulfilled. >> that was nbc's pete williams reporting. nbc meteorologist bill karins is here with oh dare i say a rather nice forecast. >> i'd say probably 90% of the country has a beautiful easy forecast for the middle of the week, hump day. south florida is not one of them. by far the worst weather overnight and early this morning has been here in south florida. soaking rain a lot of lightning strikes. that squall line is now heading down through the florida keys. also a little rain through the southeast today from atlanta to charleston, a little rain. nothing too bad out there. get better as the afternoon goes on. the middle of the country ther

yesterday all eyes were on justice anthony kennedy.kennedy's vote could swing the court for or against making marriage equality legal nationwide. the high court discussed how this case could impact children. >> i don't think it matters if you have two moms two dads or if you have a mom and a dad. what's the difference i guess? >> that's the job of the federal court, nine people to step in and decide for the whole country what something as important as marriage is. >> supreme court decision is expected to come in late june. now some local same-sex couples say it's time that the supreme court struck down all bans on gay marriage. they've been married since last may. they were the seventh couple to issue a same-sex marriage. they say their rights are not the same as heterosexual couples. >> we won't travel to states that won't recognize it. >> i hope that states don't recognize us with the corporations they pull out and go somewhere else and let those states suffer. >> same-sex marriage is legal in 30 states and in this state it's legal i

it was in the supreme court chamber and he is introduced by supreme court justice anthony kennedy. this is just under an hour. [applause] justice kennedy: thank you again for coming. my remarks will not trespass on those of our distinguished speaker, saying to make two different points. one is to introduce professor michael rose. the flash

justice anthony kennedy, a likely swing vote seemed conscious about changing the long held definition of marriage. >> this definition has been with us for millenia and it's very difficult for the court to say, oh well we need better. >> reporter: but the shift in public opinion has been dramatic. liberal justices suggested the constitution requires same sex couples be treated the same as heterosexual couples, as families with children. >> many gay people want to have children and they do. >> reporter: and chendy took issue with the lawyer opposing same-sex marriage. >> you had some premise that only opposite-sex couples can have a bonding with the child. that was very interesting, but it's just the wrong premise. >> reporter: even conservative chief justice john roberts. >> if sue loves joe and tom loves joe, sue can marry him but tom can't. why isn't that discrimination? >> reporter: they say, look if the state is only going to have traditional marriage it's still going to have to recognize those league same-sex marriages performed in other states. charlie? >> thanks. >>> this mornin

. >> i don't expect the states rights will be the central argument but the tension is for anthony kennedy, california's you know, own son, and he on the one hand is the author of the three a major gay rights decisions on the other hand, he's been a pretiardent supporter -- ardent supporter. >> you will be back the next hour. i know they haven't started blogging. the hearing is just getting underway. we'll get some live information from some of the reporters there. tori and dave? >> interesting to hear the questions asked by the justices during the hearing. >>> 7:49. let's talk to sal right now. you are watching our commute. a lot happening all morning. >> that's right. we've had a lot of slow traffic. things are beginning to settle down a little bit. as we take a look at some of these live pictures. the bay bridge toll plaza will be slow as you drive through. it is backed up for a 20, 25- minute delay. the san mateo bridge is moderately heavy as you drive westbound. we have a picture of the san mateo bridge to show you and you can see a little bit of slowing. it stays under the limit all

the likely swing vote is justice anthony kennedy who sent conflicting signals. jan crawford is at the supreme court with the latest. jan, good morning. >> reporter: good morning, you know justice kennedy is a conservative but he tends to vote with the liberals on these gay rights cases so he could make the difference and yesterday he asked tough questions on both sides. >> you're at war with your conscience! >> reporter: there were protests outside the courts and inside the courtroom a rare outburst justice anthony kennedy, a likely swing vote seemed cautious about changing the long-held definition of marriage. >> this definition has been with us for millennia and it's very difficult for the court do say, oh, well we know better. >> reporter: but the shift in public opinion over the years has been dramatic. same-sex marriage is now legal in 37 states though mostly through court ruling. liberal justices suggested the constitution requires same-sex couples be treated as equal to heterosexual couples as families with children. >> many gay people want to have childr

arguments over the constitutionality of same-sex marriage tomorrow, many believe it will be justice anthony kennedyald reagan appointee who frequently represents the court's swing vote has written all three of the supreme court's pro-gay rights opinions over the past two decades. tomorrow he and the other eight justices will hear arguments over whether or not same-sex marriages should be protected by the constitution and recognized in all 50 states. >> jonathan capehart they say past is prologue and if past is prologue, then anthony kennedy's position on this seems pretty clear-cut. but you never know. no one in america would have guessed, or very few would have guessed that the chief justice, john roberts would have been the one to uphold obamacare. >> but you know with justice kennedy, as you pointed out in the report he's written all three major gay rights decisions. and for him to go against that as you said past is prologue. i mean he has written some of the most beautiful language about gay and lesbian people about their families about their dignity in this country and how they deserve equal

mark: greg, did we get a sense of where the justices were leaning in the case, and justice anthony kennedy, who wrote the prior gay-rights decisions, is he still considered the swing vote? greg: he is certainly the swing vote could we got a little more sense of what the justices are thinking today, but the questions from him and the other justices went up ways today. you have to look at what the court did a couple years ago with the big gay-rights decision and how the court has left so many -- let so many states start same-sex marriage because of the movement since then. we now have 36 states where gayus can legally get married and that may be the biggest evidence that the court is moving in the direction of saying that it is a constitutional right nationwide. mark: greg, you mentioned a movement that the court has let happen. is this something where we can go back to the road v wade decision that legalized abortion, and critics have said that the court at that time did not let the movement happen? greg: that is certainly something people will talk about and one of the people who suggested

. >> as is so often the case all eyes are on justice anthony kennedy, who may offer the swing vote ons. he authored the opinion two years ago that struck down the defense of marriage act. but opponents of same sex marriage think one of his arguments in that decision may help them here. that is the argument that he made that states should be given a fair amount of deference in making these decisions. >> some of the states have voted to redefine marriage and the federal government needed to recognize those state's definitions. you can't argue that they have the right to define marriage accurately. >> oral arguments will last for two and a half hours. we should get a decision down in june. heather. >> thank you. >>> our fox news alert. baltimore is burning and authorities are being pushed to their limits. chaos breaking out in the streets hours after freddie gray's family laid him to rest. now the national guard is in the city and on high alert. let's get to joel waldman, he's live on the ground. >> to be honest if you didn't know there was rioting and violence in the city from our vanta

justice anthony kennedy's vote could be the deciding factor. he asked tough questions of both sides making it difficult to know what he will choose. >>> it's time for a first check of the "action news" traffic report today. lets go live to matt pellman in the traffic center. we are not off to the most stellar start big accidents on the highways this afternoon and one is on 95 northbound side between the vine street expressway and girard avenue here comes the ladder truck pulling up to the accident scene and taking out the northbound lane and it looks like we have multiple lanes blocked once the fire truck pulls up and assumes its position. ladder trucks are going by pulling up ahead of the crash here the left side of 95 northbound is getting by in this normally busy spot, causing big delays to spill back into penn's landing, we'll have the two left lanes getting by. if you are trying to escape that and ducking off the vine street expressway, you are out of luck because of another ladder truck and another accident. everybody is funneling down to

. >> court watchers listen for indications from justice john roberts and anthony kennedy widely seeng votes. >> when you say join in the institution, the argument on the other side is they're seeking to redefine the institution. >> this definition has been with us for millenia. it's difficult for the court to say, we know better. >> reporter: both asked tough questions of both sides making it difficult to predict their votes. other justices seemed predict able in their questions. >> there is one group of people they won't open marriage to so they have no possibility to participate in the fundamental liberty. that is people of the same sex who wish to marry. so we ask why? >> justices also considered the question of whether same-sex marriage legally performed in one state must be honored in every other state. >> we don't feel like we should have to leave our state, just so that we can get the same treatment that other couples get, in other parts of the country. there is the issue. >> our thanks to emily schmidt for that report. the supreme court ruling expected in june. floyd mayweath

. >> reporter: experts expect conservative justice anthony kennedy to be a swing vote in favor of same-sex marriage. but kennedy expressed reservations siting marriage has always been between a man and a woman. >> this definition has been with us for millennia. it's very difficult for the court to say, oh well, we know better. >> reporter: liberal justice expressed that by not acting homo sexual couples will be violated. >> reporter: the supreme court will decide to questions, the constitutionality of bans on same-sex marriage and if states should recognize gay marriages from other states. again chief justice roberts expressed concerns. >> in other words, it would kind of -- one state would basically set the policy for the entire nation. >> reporter: after 2-1/2 hours attorneys for the plaintiffs left the court to cheers. >> the court absolutely it's their jobs to make sure that every individual's liberty and equality is protected regardless of state law. >> reporter: and gavin newsom thinks the argument went well. >> if your justice roberts you know how archaic this is to history. it may

the key justice anthony kennedy is known to have changed his mind in cases.r in high school commencement and roe versus waed. and changed his mind. it is possible. it is complete. no it is not. there could be surprises. but we all expect that same- sex marriage will be upheld. >> is there a way for the supreme court to rule that not necessarily change anything for the country and states that are grappling with the issue? >> there was a thinking that it could be possible and a slim case that the supreme court could say that the constitution and a provision of the constitution that states that don't allow gay marriages and recognize them in other parts. i got a sense of the arguments closely and i got a sense that outcome seems to be less likely than before the arguments. >> and tim and i are curious again, is a huge statement from the supreme court. and it will be announced when we hear it in a few weeks or passed back off on the states to make up their own minds? >> it is tough to make that. but the best bet here is i don't see any way they can avoid. it and

justice anthony kennedy. >> today he asked very tough questions from both sides. he started off by kind of stressing the gravity and magnitude of this decision, saying this has been the definition, the traditional definition of marriage has been in place for millennia and that they're asking for a change in that definition but then later in the argument he seemed troubled by points that same-sex couples of course wanted to have children and be apart of a loving and committed family, really pushing back on opponents of same-sex marriage so he was tough to read and at the end of the day this could all come down as it has in the past to justice kennedy. >> who gave the most compelling argument today? >> i think where the argument really went off the rails for opponents of same-sex marriage was when they started trying to justify why those bans of same-sex marriage were in the government's interest. then they have to fall back on the interest that the marriage is in support of procreation. those really gave the lawyers a lot of trouble. justice kennedy and those argum

only anthony kennedy was the majority in both of the cases.what this shows me as both liberals and conservatives sometimes want to be her and sometimes don't they just disagree about when. my own view is that the constitution exists to protect minorities and fundamental rights in times of crisis. you can't leave the protection to the majority. we don't leave the fundamental rights to the majorities of the court has a very special role in enforcing the constitution who can't use the political process and protecting fundamental rights. there are other areas that should give a great deal of deference. as to make you talk a fair amount in the book about john roberts. what is his background and contribution in his role as chief justice of? >> he grew up in northwest indiana. his father was an executive. he would've he wrote in a privileged family come he went to harvard college and then harvard law school. he clerked for a judge on the united states court of appeals in the second circuit at the chief justice of the united states. he then went to wo

so justice anthony kennedy whose vote could decide this issue talk about dignity it, drove his earlier opinions, but he also worried about changing the definition of marriage. supreme court decision expected probably just around july 1st. >> 6:19. officials say 250 people were missing after mud slide hit village in nepal yesterday. country in south asia still trying to deal with the aftermath of this massive earthquake. >> foot and shows debris, from collapsed building residents try to run away. video, though the death toll passed 5,000 people this morning prime minister says that the number will likely reach 10,000 as teams comb through the rubble. >>> 6:19. >> south korean ferry captain responsible for accident that killed hundreds gets a harsh sentence. the captain was sentenced to life for homicide conviction in november, lower court acquitted the captain of homicide but sentenced him to 30 years for fence. more than 300 people died when the ferry sang last april. >> life in prison. >> 20:00. >> obama's had real busy couple of days, white who are house correspondance dinner saturda

. >> we always watch anthony kennedy and any case that comes out of a supreme court.sion. he is seen as a pivotal figure in all of this. he's critical. but i'm hopeful. it's a civil rights moment. in a 1967 blacks couldn't marry white. i would hope this is more than a bipar decision. nor i will tell you if you're justice roberts and others, you know what side of history this is. do you want to be on the right side or the wrong side? i don't know it may be more than just kennedy that is in play here today. >> reporter: lieutenant governor thank you very much. these oral arrangements will be length think today. 2.5 hours. we should get a decision in june. >> thank you doug. >>> time is 6:15. a couple from here in california is part of the same sex marriage challenge from tennessee. now before the u.s. supreme court matthew manziel and john espaho moved from the bay area to tennessee three years ago when the law firm that manziel worked for relocated. they were married in california but tennessee did not recognize their marriage. they said that made living in tennessee v

. >> all eyes were on justice anthony kennedy expected to be the deciding vote. he seemed torn. the first we, whether to up end the traditional definition of marriage between one man and one woman. >> this definition has been with us for millennia. it's very difficult for the court to say oh well, we know better. later kennedy expressed concern about excluding same-sex couples from marrying. >> i thought that was the whole purpose of marriage, it bestows dignity on both man and womb in a traditional marriage. these parties say they want to have that, that same ennoblement. >> they say the core definition of marriage will no longer hold. >> you're not looking to uphold the institution but change what the constitution is. >> he said, it states have the right to define marriage and the court should not enact social change of this magazine attitude. >> that'smagnitude. >> that's not i way that our democratic process is supposed to work and there are long term harms to our country and that fundamental liberty. >> there are fundamental rights guaranteed by the constitution. >> you don

supreme court justices don't often appear before congress but recently justices stephen briar and anthony kennedy house subcommittee and denounced america's criminal justice system. >> california my home state, had 187,000 people in jail. it costs over $30,000 a prisoner compared to the amount they gave to school children it was about $3500 a year. this idea of total incarceration just isn't working. >> justice kennedy is dead right. we're always looking for things where usa is number one, right? well this alas is the best or really the worst case. america imprisons the most people worldwide by far with over 2 million prisoners, according to the international center for prison studies. nearly one in four of the world's inmates are locked up in america. and the united states has only 120th of the world's population. the u.s. has about 700 prisoners per 100,000 people according to the center. multiple times more than other developed countries like france italy, and japan. even less developed countries like russia brazil and mexico had many fewer prisoners per capita. it's one of the cases where ame

it was in the supreme court chamber and he is introduced by supreme court justice anthony kennedy. this is just under an hour. [applause] justice kennedy: thank you again for coming. my remarks will not trespass on those of our distinguished speaker, saying to make two different points. one is to introduce professor michael rose. the flash ross -- ross. but first, to note that we should all feel privileged to be here this evening. this is the first in a series of lectures that have been renamed. these are now called the leon silverman supreme court lectures. leon was simply wonderful. he was the president of the supreme court historical society in the early 1990's. i think in 1991 until 2002. he was a fascinating man. he is to say at these events people don't want to talk to me. , they want to talk to the justices. if you knew leon, i think there is considerable doubt about that. he said despite my wit and charm, they want to talk to the justices. i think they wanted to talk to leon. he was a dynamo of energy. he is one of these dynamos who had great professionalism and dignity and

most eyes seem to be on swing justice anthony kennedy. >> that's right jan. kennedy has written three opinions and a lot of people think it would be a huge surprise if he switched sides now. >> reporter: huge divisions outside the court but polls suggest american public opinion has shifted dramatically in favor of same-sex marriage and it's now legal in 37 states and the district of columbia. the supreme court is considering appeals for four states who do not recognize it. >> we promise to take care of each other. >> reporter: an army sergeant married his husband in new york before the army transferred him to a base in tennessee. >> we are married on the base. if we step off the base we're single legal strangers. >> reporter: it's clear he's still wrestling with the country's sudden change on same-sex marriage. >> this definition has been with us for a millennia. >> reporter: josh bursch argued the case for the state's resisting same-sex marriage. >> it's not the job of the federal court's nine people to step in for the whole country and decide what something

. >> reporter: justice anthony kennedy, likely swing vote agreed saying the definition had been around for millennium. >> it is very difficult for the court to say oh well we know better. >> reporter: ken pressed the states on how allowing them to marry would harm traditional marriage. justices are considering whether same sex marriages performed in states where they are already legal must be recognized in states where they are not. ohio resident jim went to maryland to marry his partner who then died of als but ohio doesn't recognize the marriage. >> idea serve to have my husband's death certificate recognize me as a surviving spouse. >> reporter: but attorneys for the the state argued that the decision should be left to the people. >> when the court takes social decisions like this away from the people, it cuts off debate hardens positions. >> reporter: court is expected to issue a ruling in june. craig boswell for cbs-3 "eyewitness news". >>> thirty-six states and the district of columbia currently allow same sex couples to marry, pennsylvania, new jersey and delaware are a among th

the ruling could end up legalizing gay marriage across the country, experts do expect justice anthony kennedysex marriage, yesterday kennedy expressed preservation saying marriage has always been between a man and a woman. >> this definition has been with us more millenia. and it is very difficult for the court to say, oh well, we know better. >> the supreme court will decide two questions the constitutionality of bans of same-sex marriage, and if states must recognize the marriage from other states. a decision isn't expected until late june. >>> san francisco, marriage supporters held a rally saying they feel optimistic, a large crowd gathered at city hall, the first city to issue marriage licenses to gay couples. the city attorney has been at the forefront of the battle for marriage equality for the past eleven years. >> it is not a question of if it is going to happen, we're talking about when. >> back in 2004 when they directed the city clerk to issue marriage licenses to same- sex couples. >>> time now 5:37. new york city officials are expected to pass a resolution today, banning all pol

those trying to make that case were challenged by among others justice anthony kennedy at one point sayingtween a man and a woman has been with us for millennia. justice stephen breyer "you want people outside the ballot box, nine people in particular to decide this issue. why can't states just wait and see?" from chief justice john roberts "if you prevail, there's more -- there's month more debate. closing debate closes minds. people feel differently if they have a chance to vote on it." now, while that argument was going on there were nonstop demonstrations outside the court on both sides of the issue. the response of those on behalf of supporting marriage equality say it's a question of extending individual liberty to gay marriages just as the court did years ago when it struck down state laws that banned interracial marriage. allowing states to take a wait and see approach the petitioners argue, will continue to discriminate and give second-class status to gay and lesbian couples. and from the solicitor general, if you leave this to the electoral process, you will have a house divided.

justice anthony kennedy whose vote could decide the issue talk about the dignity and concern for children, in same sex households, drove his earlier opinions. but he also worried about change the definition of marriage. the supreme court decision is expected in late june. >> bernie sanders expected to run for president expect to announce his plans today major kick offer in his home state in the coming weeks. seventy-three year old currently an independent, but plans to seek the democratic party's nomination. he will become the second major democrat in race joining former secretary of state hillary clinton. >> few days after the white house correspondence dinner the white house celebrates another glam evening in washington. this time, for the state dinner in honor of japan and it brought out more stars such as seattle see wilson, and singer see air a rumored to be dating by the way. mrs. obama stunned in a gown by japanese born designer soji. you know this designer lauren? >> yes, i like it. >> proses cute ers in the james holmes trial called survivors to the stand painting gruesome pictur