As the Supreme Court of the United States considers a case that could determine whether same-sex couples have the constitutional right to marry, Justice Ruth Bader Ginsburg presided over a same-sex wedding in Washington on Sunday.
According to the New York Times, Ginsburg said that she pronounced the two men married by the powers vested in her by the Constitution of the United States.
The 81 year-old progressive Justice, who has an ardent following of young Americans, is a longtime supporter of same-sex marriage so her comments did not come as a surprise; however, her specific use of the word “constitution” at the ceremony sparked speculation about this historic case.
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Some view her comments as an intentional jab at those who oppose same-sex marriage, while others have wondered whether her word choice foreshadows the outcome of the impending case.
Steve Vladeck, a CNN contributor and professor of law at American University, said that Ginsburg’s choice of words was certainly a nod to the case but should not be over-analyzed.
“It’s just as possible that she was dropping a hint as that she was expressing frustration with the case,” Vladeck said. “Everyone is going to read into these kinds of tea leaves whatever they want to.”
But Vladeck added that historically, justices don’t tip their hand.
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Following the oral arguments that took place last month, some justices seemed wary about redefining marriage and Justice Anthony Kennedy, who is considered a key vote on this issue, said “This definition has been with us for millennia, and it’s very difficult for the court to say: ‘Oh, well, we know better.’ “
The justices are expected to issue their opinions on the case by the last week of June.