Court hears arguments over gay marriage’s impact

FILE - In this July 19, 2014 file photo, Sari Van Poelje, in red, dances with Katharina during their commitment ceremony given by Elvis tribute artist Michael Conti, left, at the Viva Las Vegas Wedding Chapel in Las Vegas. Gay marriage isn't legal in Nevada but the Viva Las Vegas Wedding Chapel will perform a commitment ceremony for couples of any sex. The same-sex marriage debate returns Monday Sept. 8, 2014, to the same San Francisco federal appeals court that has already issued two significant rulings in support of gay weddings. The 9th U.S. Circuit Court of Appeals will consider separate lawsuits stemming from gay marriage bans in Idaho, Nevada and Hawaii. So far, 19 states and Washington D.C. now allow gay marriages even though the U.S. Supreme Court has yet to directly rule on whether states can impose bans. (AP Photo/John Locher, File) FILE - In this July 19, 2014 file photo, Sari Van Poelje, in red, dances with Katharina during their commitment ceremony given by Elvis tribute artist Michael Conti, left, at the Viva Las Vegas Wedding Chapel in Las Vegas. Gay marriage isn't legal in Nevada but the Viva Las Vegas Wedding Chapel will perform a commitment ceremony for couples of any sex. The same-sex marriage debate returns Monday Sept. 8, 2014, to the same San Francisco federal appeals court that has already issued two significant rulings in support of gay weddings. The 9th U.S. Circuit Court of Appeals will consider separate lawsuits stemming from gay marriage bans in Idaho, Nevada and Hawaii. So far, 19 states and Washington D.C. now allow gay marriages even though the U.S. Supreme Court has yet to directly rule on whether states can impose bans. (AP Photo/John Locher, File)

By Associated Press September 9, 2014 5 min read

SAN FRANCISCO (AP) – A debate over whether children would be harmed or helped by legalizing gay marriage was the main focus when a federal appeals court in San Francisco waded again into the issue of the constitutionality of gay marriage.

The three judges on the 9th Circuit Court of Appeals – two of whom have ruled in previous cases in favor of gay rights – reserved many of their most pointed questions Monday at the defenders of state bans in Idaho, Nevada and Hawaii.

Regardless of how the court ultimately rules, many legal observers – including one of the judges on the panel – believe the issue of gay marriage is heading for the U.S. Supreme Court to decide. Many are speculating the Justice Anthony Kennedy may cast the deciding vote for a Supreme Court often split 5-4.

“We all know this is going to be decided one step up,” attorney Monte Stewart told the panel after arguing in favor of gay marriage bans in Idaho and Nevada.

“And we all know by whom,” Judge Stephen Reinhardt said to laughter in the court, referring to Kennedy.