[TheRealVille]

I know, and yet it just came out that Kennedy did in fact agree with Alito saying "You're really asking the court to go out into uncharted waters" In the end it will rest with the individual states where it belongs.

No, it didn't just come out. I saw this reported on pretty early today. Don't just post part of his words, post them all. No, wait, I already did, or at least the context of them :lame:

During Tuesday's Supreme Court arguments over the constitutionality of Proposition 8, Justice Anthony Kennedy--who is widely considered the swing vote in the case--suggested that California's gay marriage ban causes "immediate legal injury" to children of same-sex parents.

"There is an immediate legal injury and that's the voice of these children," he said. "There's some 40,000 children in California, according to the Red Brief, that live with same-sex parents, and they want their parents to have full recognition and full status. The voice of those children is important in this case, don't you think?"

WASHINGTON — The Supreme Court justices sounded closely split on gay marriage Tuesday, but Justice Anthony M. Kennedy suggested the court should strike down California’s ban on same-sex marriage without ruling broadly on the issue.

Twice during the oral argument, Kennedy questioned why the court had voted to hear the California case. “I wonder if this case was properly granted,” Kennedy said at one point.

His comments suggested that the court’s four most conservative justices voted to hear the California case. Had the justices turned down the appeal, as Kennedy suggested, Proposition 8 would have been struck down on the grounds of a narrow ruling by the 9th U.S. Circuit Court of Appeals.

Kennedy is likely to have the support of the court’s four liberal justices when they meet later this week to decide the California case. They could decide to write an opinion that strikes down the California ballot measure on the grounds that it denies same-sex couples a right to marry. Or they could vote to dismiss the appeal, which also would have the effect of voiding Prop. 8.